GHULAM GHAUS Vs. FATIMA BIBI

JUDGEMENT

(1.) In this writ petition the petitioner is aggrieved by the order dated 26.3.2010 passed in Rent Appeal No. 73 of 2009 by which the amendment application of the petitioner seeking to amend written statement filed by him before the court below has been rejected on the ground that the facts, the petitioner was seeking to bring on record, were already within the knowledge of the petitioner and no subsequent event has taken place which was not within the knowledge of the petitioner at the time of filing of written statement, therefore, in view of Order 6 Rule 17 CPC at this belated appellate stage such an amendment cannot be permitted.The petitioner, on the other hand, submitted that the aforesaid amendment is necessary for proper adjudication of the dispute and it is further pleaded that the court should be liberal in allowing the amendment application to amend the pleadings which have material bearing on the question involved.

(2.) For the aforesaid purpose, learned counsel for the petitioner has relied upon decisions of the Hon'ble Supreme Court in the cases of Baldev Singh & others v. Manohar Singh & another, 2006 3 ARC 253and Mulk Raj Batra & others v. The District Judge, Dehradun & others,1982 ARC 218.

(3.) I have considered the submissions of the learned counsel for the petitioner and have perused the order impugned and the judgments cited by the learned counsel, the judgments were cited before the appellate court also which has considered the same.