WAZIR CHAND BRIJ LAL Vs. MOHAMMAD ASGHAR FAROOQI

JUDGEMENT

(1.) At the time when the present revision petition was taken up for arguments, Mr. Gorakh Nath, learned counsel for the petitioners submitted that in fact his clients were ill advised to file the present application in appeal. According to him any order passed during the pendency of a suit which has not been challenged in revision can always be assailed by the party at the appellate stage. He therefore prays that he may be permitted to withdraw the present revision petition as the order rejecting the application for amendment of the written statement, by the Rent Controller, can always be assailed before the appellate authority. Mr. Palli however contradicts this assertion. According to him the said order had now become final and cannot be assailed in appeal.

(2.) Since Mr.Gorakh Nath has prayed for permission to withdraw the application filed before the appellate Court challenging the rejection of his application seeking amendment of the written statement I permit him to do so. The application is dismissed as withdrawn. He would be at liberty to raise the arguments against the validity of the order of Rent Controller refusing to grant the permission to amend the pleadings at the time of the final hearing of the appeal, subject to the respondent objecting to the same on the ground that the said order having become final can no longer be assailed in appeal proceedings.

(3.) The revision petition stands disposed of accordingly.