VIRENDRA KUMAR BANSAL Vs. KANHAIYA LAL AGARWAL

JUDGEMENT

(1.) -Heard learned counsel for the petitioner.

(2.) LANDLORDS respondents have instituted suit for eviction against tenant petitioner in the form of S.C.C. Suit No. 51 of 2005 before J.S.C.C., Agra. Initially in the plaint, only relief for eviction was sought. Thereafter, relief for recovery of unpaid rent was also sought to be added through amendment in the plaint. Said application was allowed by the trial court on 5.10.2007. Against the said judgment and order, petitioner filed S.C.C. Revision No. 74 of 2007, which was dismissed on 3.3.2008 by District Judge, Agra, hence this writ petition.

(3.) HOWEVER, in my opinion, if subsequent suit will be barred for a relief on the basis of Order II, Rule 2, C.P.C., then in the same suit amendment may be sought for adding the said relief. In this regard, reference may be made to AIR 1940 PC 70, in which it has been held that the rule does not preclude the amendment of plaint by the addition of the claim, which had been omitted.