ASHOKA DEVI Vs. PRKASHNI PRKASHNI SHARMA

JUDGEMENT

(1.) Heard Sri A. K.Trivedi, learned counsel for the petitioners and Sri Akash Chandra Maurya, learned counsel appearing for the contesting respondent.

(2.) By means of present petition filed under Article 227 of the Constitution, the petitioner has invoked supervisory jurisdiction of this Court seeking to set aside the order dtd. 14/12/2017 passed by the Trial Judge in SCC Suit No. 72 of 2003 and that of the Court sitting in revision dtd. 25/8/2021 passed by Additional District Judge, Court No. 12, Kanpur Nagar in SCC Revision No. 06 of 2018, whereby second amendment application of the defendant to amend written statement has come to be allowed.

(3.) The submission advanced by learned counsel for the petitioner is that the amendment application that was moved by the defendant under Order VI Rule 17 of the Code of Civil Procedure, 1908 on 31/7/2004 seeking to change his character of a tenant which was otherwise an admission vide paragraphs 8 and 9 of the original written statement. It is argued that the manner in which amendment was sought to be incorporated in the original proceedings amounted to withdrawal of admission. This application bearing paper no. 24-C came to be rejected by Trial Court on 25/10/2008 in absence of counsel for the defendant and matter was posted for evidence and no application for recall was filed in respect of order dtd. 15/10/2008 and yet again an another amendment application came to be filed by the defendants respondents on 25/1/2017 to incorporate certain more paragraphs after paragraph 8.