MUNNILAL BHAGAT Vs. KESHWAR BHAGAT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed against the order dtd. 24/3/2018 passed by the learned Munsif, Gopalganj in Eviction Suit No. 8 of 2012 whereby the amendment sought for by the plaintiff-petitioner in the plaint under Order VI rule 17 CPC has been rejected.

(3.) The brief facts of the case are that the plaintiff/petitioner filed suit bearing Eviction Suit No. 8 of 2012 against the respondents for their eviction from the suit premises and realization of rent. The petitioner purchased the land and constructed a building over the same and gave two rooms to respondents on oral monthly tenancy of Rs.500.00 which was paid regularly but from April, 2012 the same stood stopped. Then, the petitioner asked the defendants / respondents to vacate the premises on the ground of non-payment of rent and also on the ground of personal necessity of the tenanted premises and when the same was not complied with, the petitioner filed the present suit. The plaintiff / petitioner filed a petition dtd. 28/4/2015 under Order VI Rule 17 CPC for amendment in plaint which has been objected by defendants / respondents that the same has been filed after issues were framed and plaintiff's witnesses have been examined. The trial Court vide impugned order dtd. 24/3/2018 rejected the said amendment petition.