DILIP MURLIDHAR LOHIYA Vs. MOHD AZIZUL HAQ

JUDGEMENT

(1.) THE order passed by the second Joint Civil Judge, Junior Division, Akola on 31-10-88 rejecting the defendant's application for amendment of his written statement is challenged in this revision.

(2.) THE plaintiff landlord (the present respondent) instituted a suit for eviction against his tenant-defendant (present petitioner ). That suit is pending before the Civil Judge empowered under the Provincial Small Cause Courts Act. The defendant has already filed his written statement. However, on 26-9-88 the defendant filed an application for amendment. By this amendment he wants to make out a counter-claim. He wants to claim a permanent injunction restraining the plaintiff, his servants, relatives; friends etc. , from creating any sort of obstruction in the user of the road by the defendant for all purposes including by bringing and taking out loaded carts, trucks etc.

(3.) THIS amendment was opposed by the other party. The trial Court, on hearing both the parties rejected this amendment. The reason for rejecting the claim was that the suit was pending before the Court of Small Causes and Sec. 7. of the Small Cause Courts Act does not empower the Small Causes Court to grant any injunction. According to the trial Court when the Court taking seisin of the case was not empowered to grant an injunction there was no scope for allowing the amendment introducing the counter-claim of injunction. The application was rejected on this ground. It is this order which is challenged in this revision.