MADHUBALA JAIN Vs. SARDAR DAVINDER SINGH

JUDGEMENT

(1.) The petitioners / plaintiffs have filed this petition being aggrieved by the order dated 12.7.13 Annex.P/5 passed by the 18th ADJ, Jabalpur in COS No.10-A/11 allowing the application of respondent / defendant to amend the written statement for inserting the pleadings that the petitioners are having the sufficient alternate accommodation for the alleged need in the same town of Jabalpur in the name of mother-in-law of petitioner No.1 and mother of petitioner No.2.

(2.) Petitioners counsel after taking me through the papers placed on the record along with the impugned order argued that in view of the settled proposition of law that the accommodation available in the name of mother. or mother-in-law could not be treated to be the alternate accommodation for the landlord who is son or son-in-law of such mother and mother-in-law. In continuation, he said that in view of such principle , the impugned order allowing the aforesaid application of the respondent / defendant to amend the written statement is not sustainable under the law and prayed to dismiss the aforesaid application of the respondent and set aside the impugned order by admitting and allowing this petition.

(3.) On the other hand, respondent's counsel, by justifying the impugned order said that the same being based on proper appreciation of the factual matrix of the matter does not require any interference at this stage. In continuation, he said that the trial of the impugned suit is at the initial stage and the plaintiffs evidence is yet to begin and, therefore, if such pleadings remains on the record even then the same shall not prejudice any right of the plaintiffs/ petitioners. He also said that at the initial stage of the amendment application, the merits or demerits of the proposed amendment could not be examined by the court. First the amendment application should be allowed and thereafter the merits of the same could be considered by the court and, in such premises, prayed for dismissal of this petition.