AMBRISH KUMAR AGARWAL Vs. THAKUR DASS

JUDGEMENT

(1.) Present petition is filed by the defendant/ tenant / petitioner, herein, assailing the judgment and order dated 13.07.2015 passed by JSCC / Civil Judge (SD), Haldwani (Nainital) in JSCC Suit No. 04 of 2008 whereby application (Paper No. 137C) moved by the defendant / tenant / petitioner, herein, for rejecting the plaint, was rejected as well as judgment and order dated 31.08.2015 passed by 1st Additional District Judge, Haldwani whereby JSCC Revision No. 53 of 2015 was dismissed upholding judgment and order dated 13.07.2015 passed by learned trial court.

(2.) Brief facts of the present case, inter alia, are that landlord / plaintiff / respondent, herein, has filed JSCC Suit No. 04 of 2008 against the defendant/ tenant / petitioner, herein, in the court of JSCC / Civil Judge (SD), Haldwani (Nainital) for recovery of arrears of rent and eviction of the tenant on the ground of non payment of rent for more than four months i.e. with effect from 01.04.2007 to 23.05.2008, despite demand of arrears of rent vide statutory notice. Defendant/ tenant / petitioner, herein, having received summon, has filed written statement before the trial court.

(3.) Landlord / plaintiff / respondent, herein, has moved an application seeking amendment in paragraph 7 of the plaint saying that in paragraph 2 and 3 of the plaint, it has specifically been stated that rent is due with effect from 01.04.2007 till 31.03.2008, however, in paragraph 7 of the plaint, due to typographical mistake instead of "01.04.2007", "01.04.2008" was typed, therefore, same should be allowed to be corrected. Learned trial court vide order dated 27.02.2012 was pleased to permit the landlord / plaintiff / respondent, herein, to carry out the amendment in paragraph 7 of the plaint. Landlord / plaintiff / respondent, herein, has carried out the amendment in the original plaint on 29.02.2012, however, amendment could not be carried out in the duplicate copy of the plaint, which was filed along with original copy of plaint, as required under Order IV Rule 1 CPC.