RAJABALI SULEMANJI Vs. MAHESH CHAND JAIN

JUDGEMENT

(1.) Petitioner has filed the present miscellaneous petition being aggrieved by order dated 31/07/19 contained in Annexure P/1 in civil suit no. 25-A /15 passed by 11th Civil Judge, Class-I, Jabalpur.

(2.) Petitioner is defendant before the trial Court and respondent namely Mahesh Chand Jain has filed a civil suit for eviction of petitioners. During the course of trial, petitioners had filed an application under order 18 Rule 17 of Code of Civil Procedure for recalling of P.W.-1 i.e. Mahesh Chandra Jain. Application was filed on the ground that some amendments has been made by the respondents in their written statements and documents in support of same has also been filed. Application for amendment and for taking documents on record has already been allowed by the trial Court. Petitioner has taken a ground that plaintiff himself is causing nuisance to stop the Business of the petitioner defendant. Trial court rejected the application filed under Order 18 rule 17 of CPC because no ground is taken of nuisance by the plaintiff.

(3.) Counsel appearing for the petitioner submitted that as amendment application and application for taking documents on record has been allowed and plaintiff respondent has specifically taken a plea of nuisance in para 7 of the plaint therefore an error has been committed by the Court below in rejecting the application under Order 18 Rule 17 of CPC.