SURINDER KUMAR Vs. RAJ KUMAR SEHGAL

JUDGEMENT

(1.) THIS Revision Petition is directed against the order dated the 29th November, 1976, passed by Sub -Judge II Class, Jullundur, whereby the disallowed the application of the petitioner herein (and defendant before him) for effecting amendment in her written statement to the effect that one Dhani Ram was a tenant in the shop in dispute on 22nd April, 1975, and attorned to Abhilasha Sehgal as his landlady and had handed over the vacant possession of the premises to her on 22nd April, 1975, against a writing executed to that effect.

(2.) THE legality of the impugned order has to be judged in the light of background facts of the case. Smt. Kartar Devi was the purchased by the defendant -petitioner. Raj Kumar, plaintiff -respondent claimed perpetual injunction restraining the defendants including the petitioner -defendant from dispossessing him forcibly. In the written statement the petitioner -defendants as also defendant Nos. 2 and 4 before the trial Court took of the stand that the suit was not maintainable as defendant No. 2, petitioner herein, was in possession of the shop on the date on which she was impleaded as defendant to the suit.

(3.) THE counsel for the respondents has reiterated those very grounds. He has additionally urged that the revision petition is not competent in view of the amended provisions of Section 115 of the New Civil Procedure Code, the provision of which are in the following terms : -