LAWS(P&H)-2012-11-569

SHASHI PAL Vs. LABH KAUR AND ANR

Decided On November 21, 2012
SHASHI PAL Appellant
V/S
LABH KAUR AND ANR Respondents

JUDGEMENT

(1.) Petitioner(tenant) has filed the present revision under Article 227 of the Constitution against the order dated 16.04.2012(Annexure P-6) passed by the learned Rent Controller, Patiala, whereby his application for amendment of written statement filed under Order 6 Rule 17 CPC was dismissed.

(2.) In brief the facts of the case are that during the pendency of the petition filed by respondents(landladies), for eviction of the petitioner (tenant) on the ground of personal necessity, the present application under Order 6 Rule 17 CPC for amendment of the written statement was filed. The trial had already commenced as the issues stood framed and the case was fixed for the evidence of the petitioner(tenant).

(3.) In the said application under Order 6 Rule 17 CPC the petitioner(tenant) had stated that respondents(landladies) owned and possessed a big shop and vacant land measuring 150 sq.yds on main Patiala-Sirhind road, Patiala which is very near to Gurudwara Dukhniwaran Sahib, Patiala whereby a board on the said shop has been placed on which it is written "Grewal Scooter Stand" but the same is lying vacant. Thus, by way of said amendment they want to add this plea in their written statement and also intend to add words namely "petition not maintainable" in para 5 of their written statement. Thus, it was stated in the application that the said facts are extremely important for the just decision of the case in hand.