PUNJAB NATIONAL BANK Vs. NARESH KUMAR BAJAJ

JUDGEMENT

(1.) B. K. Rathi, J. The opposite party filed SCC Suit No. 34 of 1995 for eviction and for recovery of arrears of rent against the revisionist which is pending in the Court of JSCC (District Judge), Kanpur Nagar. In the suit the revisionist moved an application for amendment in the written statement. The said application had been rejected by the trial Court by the impugned order dated 7-5-2002. Aggrieved by it, the present revision has been preferred.

(2.) I have heard Sri K. L. Grover, learned Counsel for the revisionist and Sri R. N. Singh, learned Counsel for the opposite party.

(3.) THE other case referred to is Ishwardas v. THE State of Madhya Pradesh, AIR 1979 Supreme Court 551. It was observed by the Apex Court that there is no bar against an appellate Court permitting amendment of pleadings so as to enable a party to raise a new plea. All that is necessary is that the Appellate Court should observe the well known principles subject to which amendments of pleadings are usually granted. It was held that one of the circumstances which will be taken into consideration before an amendment is granted is the delay in making the application seeking such amendment. This decision therefore, does not support the revisionist. On the other hand, it support the opposite party.