SAHEED Vs. RAFIQ

JUDGEMENT

(1.) Petitioner claims to be tenant of the property in dispute, which is a house situate in Bulandshahar. He further claims that rate of rent is Rs.5/- per month. The court wonders whether to laugh or lament on this rent. He filed suit for injunction against the landlord respondent seeking to restrain him from forcibly evicting him in the form of O.S. No.32 of 1999. When the evidence was over and arguments had also been concluded plaintiff filed an amendment application seeking amendment in the plaint. Supreme Court in M/s Revajeetu Builders Vs. M/s N. Swami, 2009 10 SCC 84 has held that filing amendment application is the most patent device of delaying the proceedings of the suit. Absolutely no reason was given as to why for 12 years amendment application was not filed. Trial Court/ Additional Civil Judge (J.D.)-III, Bulandshahar through order dated 04.12.2012 rejected the amendment application. Against the said order, petitioner filed Civil Revision No.NIL of 2012. District Judge, Bulandshahar through order dated 07.01.2013 dismissed the revision hence this writ petition.

(2.) The amendment sought was utterly frivolous, extremely belated and designed only and only to delay the proceedings of the suit (O.S. No.32 of 1999, Saheed Vs. Rafiq). Accordingly, it was rightly rejected by both the courts below.

(3.) Writ Petition is dismissed.