HAQUIM UDDIN BOHRA Vs. PRAMOD KUMAR JAIN

JUDGEMENT

(1.) IN a suit for eviction and recovery of amount, the tenant/respondent filed an application under Order 6 Rule 17 of CPC for amendment.

(2.) The said amendment was allowed by the Court below. Thereafter, the plaintiff/petitioner filed a rejoinder in reply to the amendment, which has been disallowed. The said rejoinder was not taken on record by the Court below by order dated 04.08.2010. The Court below has assigned a reason that under Order 8 Rule 4 of CPC, denial can be made only in the written statement. There is no provision for rejoinder etc. under CPC. Shri Tomar, learned senior counsel submits that if tenant/defendant was permitted to carry out the amendment, petitioner/plaintiff had a right to have his say and it was done by way of rejoinder. The Court has committed an error in rejecting the same.

(3.) I have heard the learned counsel for the parties and perused the record.