JAGDISH SINGH KUSHWAH Vs. CHANDRAKANTA KUSHWAH AND ORS.

JUDGEMENT

(1.) The supervisory jurisdiction of this Court under Article 227 of the Constitution is invoked to assail interlocutory order dtd. 18/4/2018 (-Annexure P/1) passed in RCS A/6800067/2016 by 15th Civil Judge Class-II, Gwalior (M.P.), allowing an application preferred by the plaintiff/respondent No.1 herein under Order 6, Rule 17 CPC by assigning the reason that by doing so the nature of the suit does not undergo any change.

(2.) Learned counsel for the rival parties are heard on the question of admission.

(3.) The suit was filed by the plaintiff/respondent No.1 herein under sec. 12(1)(a)(c) of the Madhya Pradesh Accommodation Control Act, 1961 (for brevity 'the 1961 Act'), inter alia pleadings bonafide need of unmarried daughter of plaintiff/landlord to do business in the suit accommodation. When the said suit was pending at the stage when issues had been framed but affidavits under Order 18, Rule 4 CPC had not not been filed, the application under Order 6, Rule 17 CPC was moved by the plaintiff. Amendment in plaint was sought to the extent of changing the bonafide need of unmarried daughter as earlier alleged to that of bonafide need of unemployed son of the plaintiff/landlord by assigning reason that the unmarried daughter scheduled to get marriage in the near future.