MEHADIA AND SONS Vs. HARIPRASAD ALIAS BABULALJI MEHADIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The petition is heard finally, at the stage of admission as the notice for final disposal was issued to the respondents by an order dated 5.3.2009.

(2.) By this petition the petitioners impugn the order passed by the first appellate court on 21.10.2008 holding that the application filed by the petitioner for amendment of written statement would be decided at the time of final hearing of the appeal. The petitioners have also challenged the order passed by the appellate court on 16.1.2009, rejecting the applications filed by the petitioner for permission to amend the written statement.

(3.) The petitioner is the tenant. The suit was filed by the landlord for eviction and possession. It is the case of the tenant that the landlord had purchased the property in Bajaj Nagar during the pendency of the suit and hence a question was posed to the landlord in his cross-examination about the purchase of the same, but he had merely stated in his cross-examination that he had entered into an agreement of sale in respect of the property at Bajaj Nagar. The petitioner entered into the witness box and admitted in his cross-examination that he was not able to give more details of the property at Bajaj Nagar, except that it was situated opposite CIIMS. The suit of the plaintiff was decreed. In an appeal filed by the tenant the tenant moved an application for amendment of the written statement on the ground that he became aware of the details of the property at Bajaj Nagar, during the pendency of the appeal. The first appellate court, by the impugned order dated 21.10.2008 ordered that the application may be decided at the time of final hearing. The petitioner moved an application for a review of this order. First appellate court by the impugned order dated 16.1.2009 rejected the review application and the application for permission to amend the written statement. Both the orders are challenged in the instant petition.