HIND KUMAR KOHALI Vs. VIMAL CHAND AND OTHERS

JUDGEMENT

(1.) With consent, heard finally.

(2.) The present petition under Article 227 of the Constitution of India has been preferred by the petitioner challenging the order dated 05/05/2018 (Annexure P-4) passed by the trial Court whereby application under Order 6, Rule 17 CPC preferred by plaintiffs-respondents No.1 and 2 has been allowed.

(3.) Precisely stated facts of the case are that plaintiffs respondents No.1 and 2 have instituted a civil suit against the defendants including present petitioner for eviction and arrears of rent on the ground under Section 12(1)(a),(b) and (f) of the M.P. Accommodation Control Act, 1961 (for brevity "the Act"). Defendants filed written statement and contested the suit and denied the plaint allegations. During pendency of the suit, plaintiffs field an application under Order 6, Rule 17 CPC seeking amendment in the plaint with the plea that defendants are making nuisance with the plaintiffs. Defendants-petitioner replied to the said application and stated that the facts which plaintiffs wanted to incorporate in the plaint through the said application, were in the knowledge of the plaintiffs at the time of filing of the suit and there is no ground for adding such facts after commencement of the trial. The trial Court without considering the fact situation and reply filed by the defendants to the said application, arbitrarily committed error and allowed the application for amendment. Being aggrieved by the same, petitioner is before this Court.