AJAY KUMAR CHAURASIA Vs. SANJAY KUMAR CHAURASIA

JUDGEMENT

(1.) I have already heard the learned counsels for both the parties.

(2.) This is an application under Art. 227 of the Constitution of India filed by the plaintiff-petitioner for setting aside the order dated 01.10.2015 passed by Subordinate Judge - XIV, Motihari (East Champaran) in Eviction Suit No. 07 of 2009 whereby the court below rejected the amendment application filed by the plaintiff-petitioner.

(3.) The brief fact may be stated that the plaintiff-petitioner filed eviction suit on the ground of personal necessity and defaulter under the Bihar Building (Lease, Rent & Eviction) Control Act, 1982. The defendant-respondent filed contesting written statement denying the relationship of landlord and tenant between the parties. Thereafter issues were framed and parties adduced evidences in support of their respective cases. At the argument stage amendment application was filed by the plaintiff-petitioner praying for amendment in the plaint and sought to add a separate paragraph in the body of the plaint and also sought an alternative relief to the effect that if the court will find that there is no relationship of landlord and tenant between the parties, the court may declare the right, title and interest of the plaintiff and further declare that possession of the defendant over the suit property is illegal, against law and is trespasser, as such, recovery of possession be granted. The court below has rejected this application on the ground that the plaintiff failed to show 'due diligence' as required under proviso to Order 6, Rule 17 CPC.