JOGA SINGH Vs. PISORILAL

JUDGEMENT

(1.) L . Applicant Sardar Joga Singh, aggrieved by the order passed by Civil Judge, Class II, Guna, dated 15 -12 -1981, has preferred this Civil Revision under Section 115 of the Code of Civil Procedure.

(2.) THE non - applicant -plaintiffs Pisorilal and Ram Lubhaya filed a suit for ejectment on 26 -9 -1977, against the applicant -defendant. Joga Singh. The applicant -defendant, in his written -statement dated 22 -4 -1978, took the stand that his father Sardar Baghel Singh was the tenant of the plaintiff non -applicant and not be. According to the application of the non -applicant -plaintiff Sardar Baghel Singh was impleaded as defendant No.2 in the suit. The defendant cant No. 2 Sardar Baghel Singh, in his written -statement, accepted the contents of the plaint and stated that he was the tenant of the plaintiff non -applicant. On 28 -9 -1981 by an application (I.A. No. 11) defendant No.2 Sardar Baghel Singh prayed the Court to pass a decree of ejectment against him and in favour of the non -applicant plaintiff. On the same day, the applicant -defendant No.1 filed an application (I. A. No. 13) under Order 6, Rule 17 of the Code of Civil Procedure before the trial Court, proposing to amend his written -statement,

(3.) THE trial Court, by the impugned order, rejected the proposed amendment, as in its opinion the proposed amendment will not only change the stand taken by the defendant No.1 but was also mala fide. Defendant No.1 therefore, preferred this revision petition against the impugned order.