SURESH GUPTA Vs. MANOJ DUBEY

JUDGEMENT

(1.) Heard. This petition under Article 227 of the Constitution of India has been filed by the petitioner assailing the order of the trial Court, by which an application under Order 6 Rule 17 of CPC preferred by the defendant seeking amendment in the written statement has been rejected.

(2.) Learned counsel for petitioner has primarily contended that criteria for carrying out amendment in the written statement is much primary than the criteria for amendment applicable in the plaint, for which reliance has been placed on the decisions of this Court Girraj Kishore Vs. Kamla Bai, 2001 1 MPLJ 361 and Arvind Kumar Nitin Kumar Memorial Trust Vs. Nimad Vanita Wishwa, 2004 4 MPLJ 333.

(3.) A perusal of the impugned order indicates that while rejecting the application for amendment in the written statement the trial Court was persuaded by the pleadings of the defendant himself to the extent that the defendant has admitted that suit accommodation was of the ownership of Kamla Bai and also that the defendant was the tenant of Kamla Bai and also that said Kamla Bai has given information to the defendant.