ROHAN LAL CHOUDHARY Vs. PREM PRAKASH GUPTA

JUDGEMENT

(1.) This application by the defendant is directed against an order of the Munsif granting leave to the plaintiff to file additional pleading in the following circumstances :

(2.) The plaintiff opposite party filed a title suit in the court of the Munsif, Patna City, for realisation of arrears of rent and eviction of the petitioner from the premises it suit. Admittedly the premises in suit originally belonged to one Shrimati Shanti Devi who had inducted the petitioner in the same. The plaintiff purchase the house on 16-12-1974. In the written statement the defendant took several pleas and denied all the allegations made by the plaintiff against him for his eviction. One of his pleas was that he had spent Rs. 1,430/- towards repair of the house with the consent of the previous landlord, which account had not yet been adjusted towards the rent and, therefore, he was entitled to receive that amount from the plaintiff.

(3.) The trail court allowed the plaintiff to amend his plaint, granting the defendant an opportunity to file additional written statement. The defendant filed his additional written statement accordingly on 24-3-1977. Soon thereafter on 20-4-1977 the plaintiff filed a petition in the nature of additional pleading supposed to be in reply to the additional written statement filed by the defendant. Objection was taken by the petitioner to this additional pleading of the plaintiff on various grounds, but the learned Munsif by the impugned order allowed the same.