PRABHAKAR RAJARAM AKOLKAR Vs. RUKAMINIBAI DWARKANATH MOGHE

JUDGEMENT

(1.) HEARD Shri Apte for Petitioner, Shri Bandiwadekar for Respondent. Rule made returnable forthwith. Shri Bandiwadekar for Respondent waives service. Heard both sides.

(2.) THE respondent-plaintiff filed Regular Civil Suit No. 329 of 1986 for possession on several grounds under the provisions of Bombay Rent Act. The said suit was decreed by the Trial Court on 20th December 1989. Being aggrieved and dissatisfied by the said order, Petitioner filed Regular Civil Appeal No. 117/1990 and during the pendency of the appeal, an application under Order 6 Rule 17 read with Section 151 is filed by petitioner for amending his written statement whereby he wanted to bring fact of two earlier suits being filed by the plaintiff and such suits being dismissed and also the fact of construction of bungalows by the plaintiff. Since this amendment was opposed by the respondent-plaintiff, the learned Judge rejected the said amendment application only on the ground that there is delay in amending the said written statement. Aggrieved by this order the present C.R.A. is filed.