ABHAI KUMAR SAXENA Vs. VINAY KUMAR JAIN

JUDGEMENT

(1.) Heard Sri Rajeiu Kumar Tripathi, learned counsel for the petitioner and Sri Piyush Kumar Agarwal, learned counsel for the respondents.

(2.) Brief facts of the case are that the opposite parties filed Small Causes Suit No.35 of 2008 for ejectment and recovery of rent against the petitioner in the court of Judge, Small Causes, Lucknow, wherein an order was passed for depositing the rent and in pursuance to the same, with effect from 1.4.200 to 31.12.2009, the rent was deposited by the petitioner. In the small causes suit, the petitioner filed written statement denying the allegation of default and alteration of any nature in the building. The small causes suit was decreed vide judgment and decree dated 24.10.2013, against which the petitioner preferred S.C.C. Revision No.132/2013 under Section 25 of the Provincial Small Causes Court Act, which was subsequently transferred to the court of Additional District Judge, Court No.1, Lucknow.

(3.) During the pendency of revision, the petitioner moved an application for amendment in the written statement filed in the suit on 21.10.2016. The amendment was opposed by the opposite parties. The revisional court vide order dated 9.2.2017 rejected the amendment proposed, which has been assailed in the present writ petition.