NAZIR MOHAMMAD ALLAUDIN LILGAR Vs. YUSUFBHAI ALLARAKHJI

JUDGEMENT

(1.) Rule. Mr.D.K.Nakrani, learned Counsel for the respondents No.1-1/6 waives service of notice of rule. With the consent of all the parties, the matter is taken up for final hearing today.

(2.) The short point involved in this petition is that the amendment application was made, which has been rejected by the trial Court as per the order dated 1-8-2002, which is the subject matter of this petition.

(3.) The facts of the case are that the petitioners are the tenants and the respondents are landlords. It is the case of the petitioners that since they being the legal heirs of the original defendant namely; Nazir Mohammad Allaudin Lilgar, they were not aware of the proceedings of the earlier suit being H.R.P. suit No.4136/1981. It is the contention of the petitioners that the judgement was delivered by the Small Cause Court No.5 at Ahmedabad in the aforesaid HRP suit, where it is inter alia contended by the landlords that the superstructure is constructed by the defendant-tenant therein and, therefore, the application was made to amend the written statement. The learned trial Judge found that since the evidence by both the sides were over and the matter was at the stage of arguments, the application for amendment could not be granted and hence rejected. It is under these circumstances, the present petition.