LAWS(ALL)-1988-3-10

SATYA SHARMA Vs. S K SEN

Decided On March 25, 1988
SATYA SHARMA Appellant
V/S
S. E. SEN Respondents

JUDGEMENT

(1.) -This writ petition has been filed by the petitioner-landlady against an order dated 12-1-1987 passed by the First Additional District Judge, Allahabad whereby an amendment application filed by the tenant-opposite party no. 1 was allowed.

(2.) THE facts lie in a narrow compass and may be stated briefly so as to appreciate the points requiring decision in this petition.

(3.) IT will be relevant to make a reference to the reason for making the amendment sought to be incorporated in the written statement filed by the tenant opposite party before the Prescribed Authority. A look at paragraph 1 and 2 pools out the reasons for making the amendment application which may be usefully quoted here. Paragraph 1. "That at the preparation of case for arguments, it becomes known that the necessary plea of non joinder of necessary party escaped from being taken accidently." Paragraph 2. "That since the matter goes to the root and invalidates the application for release it is necessary to carry out the necessary amendment in the W. S. Some clauses of paragraph 10 of the application may also be quoted usefully which contains the amendments which are important from the tenants' point of view :