DEEPAK DWARKAPRASAD GUPTA Vs. SITARAM ENTERPRISES

JUDGEMENT

(1.) Heard Mr. D.R. Singh, Advocate for the Petitioner and Mr. Girish Lodha, partner of the Respondent(Plaintiff) firm. Rule. By consent rule made returnable forthwith and Petition is taken up for hearing on board.

(2.) Original Plaintiff had filed R.A.E. Suit No. 615 of 1995 for eviction on the ground of default, permanent construction and change of user etc. Subsequently, present Respondent M/s. Sitaram Enterprises a partnership firm, was substituted in place of and instead of the original Plaintiff. The Defendant filed Written Statement on 18/7/1996 and paragraph-1 thereof indicates that the Defendant did not admit the status of the Plaintiff as owner/ landlord and the Defendant had also disputed the relationship of landlord and tenant. Various other defences were also raised. After the amendment of the plaint additional written statement was filed on 24/3/2004. Issues were framed on 3/1/2003. Additional issues were framed on 5/5/2005. Thereafter the trial commenced. The Respondent examined its partner. Cross-examination was completed. Orders regarding admissibility of documents was passed on 4/11/2009. Thereafter, the Petitioner No. 1 also filed affidavit of examination in chief on 12/7/2010 and he was cross-examined on 1/12/2010 and 6/12/2010. Thereafter the hearing was adjourned on various dates till 5/3/2011 and on 5/3/2011 the Respondent filed an Application below Exh. 62 for amendment of plaint. The Application was seeking prayer to addparagraphs 8(a) to 8(f) in the plaint.

(3.) This Application was opposed by the Petitioners on various grounds. By impugned Judgment and Order dated 13/7/2011, the learned Judge of the Small Causes Court at Mumbai presiding in C.R. No. 37 in Bandra Branch had allowed the said Application for amendment giving rise to the present Writ Petition.