MARIYUM Vs. VIJAY SHAH

JUDGEMENT

(1.) The defendant is the petitioner in this Revision Petition, which is directed against the order dated 17-1-2001 in I.A.No.2041 of 2000 in O.S.No.377 of 1994 on the file of the Court of the V Senior Civil Judge, City Civil Court, Hyderabad dismissing the application filed under Order 6, Rule 17 of CPC for amendment of the written statement.

(2.) The respondent herein filed O.S.No.377 of 1994 for eviction of the defendant-Revision Petitioner, from the suit schedule premises. The suit is based on the lease deed dated 1-2-1991, in pursuance of which the defendant was alleged to have been inducted into possession. The defendant filed written statement on 18-1-1996 and the evidence on the side of the plaintiff was closed on 7-9-2000. Thereafter the defendant examined two witnesses and while the matter was coming up for further evidence on behalf of the defendant, I.A.No.2041 of 2000 has been filed by he defendant seeking amendment of the written statement by taking a plea that the lease deed dated 1-2-1991, marked as Ex.A-1 is manipulated and fabricated document by forging the signature of the defendant. The said application was contested by the plaintiff counter contending inter alia that There are no bona fides on the part of the defendant in filing the application at a belated stage and it is only an attempt to cause further delay in the suit proceedings.

(3.) The Court below having heard both sides by order dated 17-1-2001 dismissed the said application holding that the proposed amendment to the written statement is nothing but abuse of process of law and only to protract the litigation and the defendant cannot be allowed to amend the written statement at a belated stage. Aggrieved by the said order the defendant has come up with the present Civil Revision Petition.