AMAR NATH AND ANOTHER Vs. CHAMAN LAL

JUDGEMENT

(1.) BY means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 14.09.1999 whereby the Court below had rejected the application filed by the petitioners for amendment of the written statement by adding swearing/verification clause. It appears that contesting respondent filed an application for release of the building in question under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972 (U.P. Act No. XIII of 1972), for short the Act. On receipt of the notices from the Court of the Prescribed Authority, the petitioners filed written statement. In the said written statement, according to them, inadvertently verification clause was not typed. The moment said defect was detected, an application for amendment of the written statement by adding the verification clause in it was filed which was objected to and opposed by the contesting respondent. The Prescribed Authority has upheld the objection and dismissed the amendment application, hence the present petition.

(2.) LEARNED counsel for the petitioners vehemently urged that the petitioners as of right could file another written statement of course with the permission of the Prescribed Authority if the first written statement was defective, therefore, there was no justification for the Prescribed Authority to dismiss the amendment application. Learned counsel appearing for the contesting respondent fairly conceded that the amendment application filed by the petitioners should have been allowed. He further stated that he will have no objection if this petition is disposed of finally at this stage to avoid delay in disposal of the release application with the direction to the Prescribed Authority to allow the amendment of the written statement as claimed by the petitioners. In view of these facts and circumstances, the present petition is liable to be allowed at this stage.