AZAZ AHMAD Vs. MOHAMMAD SHAFI

JUDGEMENT

(1.) THIS revision application has been preferred, against the order dated 10-5-1991 passed by the learned 1st Addl. Munsif, Bettiah, in T.S. No. 100 of 1987 whereby he has allowed the amendment petition filed by the plaintiff. Defendent No. 1 is the petitioner before this Court.

(2.) THE suit was filed for recovery of possession of the suit premises as also for recovery of charges for the period of occupation by the defendants. According to the plaintiffs, the defendants was temporarily allowed to occupy the suit premises as a licence for few days considering the immediate need of the defendant but the defendant is illegally and forcibly retaining the suit premises in his possession.

(3.) BUT before it could be delivered, the plaintiff filed an application that some more argument is required to be advanced in this case and, therefore, the case should be again taken up for hearing. Considering this prayer, the case was again posted for hearing on a subsequent date. The defendants did not object to this prayer. On 23-8-1990 the matter was again heard in part. Then on 24-8-1990 and on 27-8-1990 at the request of the learned counsels for both the parties, the case was adjourned. On 28-8-1990 the plaintiff filed an amendment petition supported by an affidavit. After hearing both the parties, by the impugned order dated 10-5-1991 the amendment sought for was allowed.