KRISHNA KUMAR SHARMA Vs. BULAKHI DAS

JUDGEMENT

(1.) This petition invoking the supervisory jurisdiction of the Court under Art. 227 of the Constitution has been filed challenging the order dated 5 May 2015 whereby, the revisional Court has rejected the application seeking amendment in the written statement at the revisional stage.

(2.) It transpires from the record that the SCC Suit No. 7 of 2008 was instituted against the applicant by the plaintiff respondent, which was decreed by the Judge, Small Causes by judgment dated 24 May 2013. In the revision filed under Sec. 25 of the Provincial Small Causes Court Act, 1887, the defendant has moved an application 25 Ga seeking amendment in the written statement. By means of the amendment application the applicant sought to incorporate a plea to the effect that a sum of Rs. 1,50,000.00 was in deposit as advance money with the plaintiff and the same is liable to be adjusted against the arrears of rent.

(3.) The revisional Court by the impugned order dated 5 May 2015 has rejected the amendment application holding that admittedly the plea now sought to be raised was in the knowledge of the applicant and such plea ought to have been raised at the trial stage. It has also been held that even if such plea is accepted, the same would be considered at the stage of final judgment while determining the claim of the plaintiff regarding the arrears of rent. With these findings, the revisional Court has come to the conclusion that the amendment sought is not necessary for determining the real questions in controversy between the parties.