RAJKUMAR GUPTA Vs. BRIJESH KUMAR RADHA KRISHNA

JUDGEMENT

(1.) THIS civil revision under section 115 of the Code of Civil procedure has been preferred by the defendant-applicant against the order of Second Civil Judge Class II, Shivpuri, passed in Civil Suit No. 17-A of 1984, dated 19-4-1984.

(2.) THE plaintiff-non-applicant filed a suit for eviction against the defendant-applicant with the averment that the suit premises were owned by his adoptive mother Mst. Mishri Bai and after her death he has become the owner. The defendant-applicant denied the ownerships of the plaintiff-non-applicant over the premises and pleaded that he is the tenant of one radhakrishna. During the pendency of the suit, defendant-applicant filed an application on 21-12-1983 under Order 6, Rule 17 of the Code of Civil procedure (hereinafter called 'the Code' for short) and sought the amendment in the written statement because subsequently he obtained a copy of the judgment of Civil Suit No. 21-A of 1977. According to the applicant, the amendment application was filed because of the subsequent event.

(3.) THE trial Court by a short order rejected the prayer of amendment and held that in a suit for eviction title to the property is not to be decided and as such the proposed amendment was unnecessary. Aggrieved by this, the defendant-applicant has invoked the revisional jurisdiction of this Court.