RAJENDRA SINGH BEDI Vs. DEEPAK KUMAR

JUDGEMENT

(1.) This Application under Article 227 of the Constitution of India has been filed praying for quashing of the order dated 05.03.2018 passed by the District Judge, Sambhal, Chandausi whereby Application (Paper No. 172 Ga) has been disposed off and Application (Paper No. 174 Ka and 176Ka) which related to an Amendment Application filed by the tenant-petitioner praying for permission to amend the written statement that was filed before the learned Trial Court, have been rejected.

(2.) I have perused the order passed by the learned District Judge. The learned District Judge has observed that the tenant who was appellant before the District Judge was trying to delay the proceedings and conclusion of hearing of the Appeal. The Appellate Court has rejected the Application for amendment of the written statement also on the ground that the amendment sought to bring on record the facts that would flash out the preliminary objection now proposed to be taken with regard to the maintainability of the SCC Suit before the learned Trial Court. The learned District Judge has observed that preliminary objection regarding the maintainability of SCC Suit No. 20 of 2012 should have been taken before the learned Trial Court at the initial stage of hearing when the Suit was filed in 2012. The petitioner/tenant/appellant waited for six long years and after the learned Trial Court decreed the Suit and even after the Appeal was filed and pleadings exchanged, the tenant has sought permission for amendment in the written statement. No reason has been given for delay except that the lawyer of the tenant did not advise him properly when the Suit was being tried before the learned Trial Court and when the Appeal was being filed.

(3.) Shri Ranjeet Saxena appearing for the petitioner has stated that the amendment sought in the written statement related to the jurisdiction of the Trial Court and the maintainability of the SCC Suit which is a pure question of law and can be raised at any time even in Appeal.