NAJMA BEGUM Vs. RAYEES AHMED

JUDGEMENT

(1.) Heard on admission.

(2.) Petitioner defendant after commencement of trial and without tendering the explanation as warranted vide proviso to Rule 17 of Order 6 of the Code of Civil Procedure 1908 sought incorporation of the facts relating to unstamped and unregistered alleged agreement of sale dated 18.4.2007, the trial Court which is in seisin with the suit for eviction rejected the application on the touchstone of the proviso to Rule 17 Order 6 CPC , which when tested on the anvil thereof cannot be faulted with.

(3.) Proviso to Rule 17 Order 6 of CPC envisages: