ALI SHER Vs. JAMA MASJID PHOOSWALI AND ANOTHER

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and Shri Azim Ahmad Kazmi for respondents. Respondent-plaintiff filed JSCC Suit No. 3 of 2007 for arrears of rent and ejectment. The defendant-applicant in response to the notice put in appearance and filed his written statement on 17.9.2007. After about 2 and 1/2 years of the filing of the written statement, an application under Order VI, Rule 17 C.P.C. was filed by the applicant seeking amendment in his written statement. Courts below vide impugned order dated 4.1.2010 dismissed the amendment application.

(2.) It is contended by the learned Counsel for the applicant that the Courts below has rejected the amendment application only on the ground that in view of the proviso to Order VI, Rule 17, the amendment cannot be permitted because the trial has commenced, whereas as a matter of fact, the trial has not commenced and only the evidence in the form of affidavit has been filed.

(3.) Reliance in support of the contention has been placed on the judgment of the Hon'ble Apex Court in the case of Sushil Kumar Jain v. Manoj Kumar, 2009 76 AllLR 138.