(1.) Challenge in the instant revision filed under Article 227 of the Constitution of India is to the order dated 31.1.2018, whereby the application filed by the petitioner herein under Order 6 Rule 17 of the Code of Civil Procedure seeking amendment of the written statement has been dismissed by the Rent Controller, Amritsar.
(2.) In brief, the facts are that the respondent No.1 herein filed a petition under Section 13 of the East Punjab Rent Restriction Act, 1949 for eviction of the petitioner and respondent No.2 from the property as described in the head note, inter-alia, on the grounds of non-payment of rent and that the premises is required for her own use and occupation. In response to the notice, the petitioner appeared and filed a written statement, inter-alia taking preliminary objections that the petition is bad for mis- joinder and non-joinder of necessary parties.
(3.) During the pendency of the eviction petition, the petitioner herein moved an application under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure seeking to amend the written statement by incorporating para No. 6 (ii) in the following terms:-