N K VIJ Vs. KAMAL KAPOOR

JUDGEMENT

(1.) The present revision petition has been filed by N.K. Vij petitioner directed against the order passed by the learned Civil Judge (Junior Division), Jalandhar, dated 14.11.1996. By virtue of the impugned order, the learned trial Court had allowed the application filed by the respondent seeking amendment of the written statement.

(2.) The relevant facts are that the petitioner has filed an ejectment petition against the respondent alleging that he has not paid the arrears of rent from the period 6.5.1982 onwards. The rent is stated to be Rs. 13,000/- per month. Reply was filed. It has further been pointed out that earlier an ejectment petition had been filed which was allowed and the petitioner had obtained the possession. After having been evicted, the respondent filed an application under Order 6 Rule 17 of the Code of Civil Procedure (for short "the Code") for amendment of the written statement asserting that the petitioner has executed an agreement with the respondent on 25.4.1990 at Amritsar. As per agreement, the petitioner had received from the respondent jewellery worth Rs. 10 lacs and had agreed to withdraw the petition for eviction.

(3.) The petition as such was contested pointing out that the respondent has already made a statement in this Court that he has vacated the premises. It was further alleged that no such agreement had been executed on 25.4.1990. The agreement was described to be forged and fabricated document.