MANOJ AGRAWAL Vs. SMT. GEETA SINGHAL

JUDGEMENT

(1.) The present writ petition under Article 227 of the Constitution of India has been preferred by the petitioner being crestfallen by the order dated 21/12/2016 (Annexure P/1) and order dated 18/01/2017 (Annexure P/2) passed by Fifth Additional Civil Judge Class-I, Gwalior to the Court of First Civil Judge, Class-I, Gwalior whereby application under Section 151 of CPC for recalling the order dated 21/12/2016 (Annexure P/1) wherein application under Order 6, Rule 17 CPC preferred at the instance of petitioner/defendant for incorporating counter-claim in the written statement has been rejected.

(2.) Facts of the case in brief are that respondent/plaintiff has preferred a suit for arrears of rent and eviction against the present petitioner/defendant in 2014. Present petitioner filed written statement on 29/09/2014. Later on, petitioner/defendant preferred an application under Order 6, Rule 17 r/w Section 151 of CPC on 30/11/2016 containing pleadings of counter claim as mentioned in the application. The said application got rejected vide order dated 21/12/2016, thereafter application under Section 151 CPC met the same fate, therefore, petitioner/defendant is before this Court under Article 227 of the Constitution of India.

(3.) According to learned counsel for the petitioner, trial Court has erred in passing the impugned orders rejecting the applications preferred by the petitioner as the said amendment can be incorporated at any stage of trial. He referred the judgment rendered by Hon'ble Apex Court in the matter of Vijay Prakash Jarath v. Tej Prakash Jarath, (2016) 11 SCC 800 and prayed for setting aside the orders under challenge.