LALMANI RAMNIHOR PATEL Vs. BABUNANDAN JHADA YADAV

JUDGEMENT

(1.) BY this petition, the petitioner who is original plaintiff, who filed regular civil suit No.441 of 1982, challenges the order dated 11th April 1990 passed by the Appellate Court. The facts that are material and relevant for deciding this petition are that the present petitioner who is plaintiff filed a suit in the Small Causes Court for a decree of eviction against the defendant. In that suit, the defendant had filed an application for permission to amend his written statement. The amendment sought was that the cabin against which the decree of eviction was sought, has been removed by the municipal authorities in the year 1988 for the purpose of road widening and for construction of gutter. This application for Amendment was rejected by the Trial Court by its order dated 23rd August 1989. Against this order, the petitioner preferred civil revision application No.18 of 1989 before the District Court, Thane. The District Court, by its order dated 11th April 1990 set aside the order passed by the Trial Court and granted the application for amendment filed by the petitioner. The present petition is directed against this order passed by the District Court in its revisional jurisdiction.

(2.) IT is clear that the suit was filed by the plaintiff for a decree of eviction in relation to cabin No.8. The defendant in that suit had filed the written statement and he sought an amendment in that written statement to point out subsequent developments that had taken place in relation to the suit property during the pendency of the suit. Therefore, considering the law laid down by the Supreme Court in relation to the exercise of power of the Court for granting amendment in pleadings, as the defendant by way of amendment wanted to place before the Court the developments taken place in relation to the suit property during the pendency of the suit, the amendment ought to have allowed. The Revisional Court has therefore rightly appreciated the facts and has granted that Amendment. The net result of the order passed by the Revisional Court is to grant an amendment in the written statement sought by the defendant by which the developments taken place during the pendency of the suit are brought on record. I do not find it necessary to interfere with the order which is, in my opinion, a just order. The petition is dismissed, rule is discharged with no order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristeder/ Personal Secretary as true copy. Certified copy expedited.