OM PRAKASH Vs. KRISHNA DEVI

JUDGEMENT

(1.) THIS revision is directed against the order rejecting the application of the petitioner for amending the written -statement.

(2.) A suit is pending against the petitioner in the Court below where the non -petitioner -plaintiff has sought his eviction also on the ground as envisaged under section 12(1) (h) of the M.P. Accommodation Control Act, 1961 (for short 'the Act').

(3.) THE general power of attorney was executed by the plaintiff in favour of her husband and no pleadings in that regard are called for. It is within the right of a person to execute a power of attorney and to assign his power and rights to such attorney. It is pertinent to mention that what the petitioner seeks to plead with regard to the ground provided in the Act under section 12 (1) (h), is the requirement of the law as has been provided under sub -section (7) of section 12. The conditions imposed by the law, are not required to be pleaded and therefore, in the facts and circumstances, the learned Court below has rightly dismissed the application filed by the petitioner for seeking to amend his written -statement. The revision petition is without merit and is, therefore, dismissed. However, the petitioner shall have the opportunity of cross -examining the plaintiff if she appears and he may put necessary questions to the plaintiff or her witnesses with regard to objections, which are desired to be pleaded.