OSMAN ALI KHAN Vs. AJIT KUMAR JAIN

JUDGEMENT

(1.) The present revision petition is filed under Article 227 of the Constitution of India against the order dated 24-4-2004 passed in I.A.No.422 of 2001 in R.C.No.706 of 1995 by the III Additional Rent Controller, City Civil Court, Hyderabad.

(2.) The petitioner herein is respondent in R.C. No.706 of 1995. The respondent herein filed R.C. No.706 of 1995 for eviction, wherein he filed an application under Order VI Rule XVII of Civil Procedure of Code seeking 16 amendments on the ground that newly appointed advocate informed him to amend the eviction petition to submit the case in a correct form. The Court below by order dated 24-4-2002 allowed the said application with costs of Rs.500/-. Against the said order, the present revision petition is filed.

(3.) Learned Counsel for petitioner submitted that the Court below erred in allowing the amendment petition permitting the respondent herein to amend the plaint at 16 places without considering the objections raised by the revision petitioner. It is further stated that the petitioner herein has also filed a counter-affidavit before the Court below opposing the amendment specifically stating that the proposed amendment goes to the root of matter and entirely changes the scope and ambit of the case. It is thus contended that the Court below without considering the objections raised by the petitioner herein and even without recording reasons has allowed the application simply granting costs of Rs.500/-.