USHA AGRAWAL Vs. MEERA AGNIHOTRI

JUDGEMENT

(1.) Heard Sri Prakhar Tandon, learned counsel for the petitioner-tenant-defendant and Sri Vaibhav Dixit, Advocate, holding brief of Sri Gopal Misra, learned counsel for the respondent-landlord-plaintiff.

(2.) The present writ petition is being preferred assailing the validity of order dated 03.02.2020 passed by the Prescribed Authority, Kanpur Nagar in Rent Case No.23 of 2012 (Meera Agnihotri Vs. Usha Agrawal), whereby the application filed by the defendant-petitioner dated 31.01.2020 under Order VI Rule 17, CPC seeking formal amendment has been denied.

(3.) The Court has occasion to peruse the order impugned and finds that the Court below has clearly proceeded to observe that the earlier application moved by the defendant-tenant dated 23.01.2019 has already been rejected on 05.03.2019. The present application has been filed by the defendant-tenant seeking similar amendment. The Court below has also proceeded to observe that Hon'ble High Court has already directed the Court below to finalize the proceedings of the aforesaid case within six months. Since the proceeding of the said case is at the stage of hearing, the amendment application in question has been moved just to delay the proceedings. Therefore, it is not appropriate for the Court below to allow the amendment application and consequently, the Court below has rejected the application dated 31.1.2020 and fixed the matter for argument on 15.2.2020.