RAJ KUMAR MEHRA AND ORS. Vs. SURINDER MOHAN

JUDGEMENT

(1.) The petitioners are the landlords, who are aggrieved by the order passed by the learned Rent Controller, whereby the application filed by the respondent for amendment of reply was allowed.

(2.) The facts as are necessary for determination of the present petition are that the landlords in the year 2012 filed an eviction petition against the respondent. After completion of pleadings, issues were framed on 31.3.2014 and the case was listed for evidence of the petitioners on 8.5.2014 when respondent filed an application for amendment of the reply. The respondent raised various grounds in the application for amendment, which were contested by the petitioners. The learned Rent Controller vide order dated 24.11.2014 allowed the application.

(3.) The petitioners have questioned the order on the ground that the respondent has failed to explain the delay in filing the application for amendment and further there was no averment in the application that despite due diligence the fact now sought to be incorporated in the reply was not within his knowledge, which was an essential prerequisite before the application could be allowed. This position is contested by the respondent, who has vehemently supported the impugned order.