SANT RAM Vs. ABDUL HAQ.

JUDGEMENT

(1.) THIS is a revision application directed against the order of the City Judge, Jammu, dated 17th Dec., 1969 whereby he has rejected the application for amendment of the written statement presented by the defendant.

(2.) THE facts giving rise to this application are that the respondent Abdul Haq filed a suit for ejectment of two shops situate in Mohalla Ustad, Jammu, against the present petitioner and for arrears of rent amounting to Rs. 360/-. In paragraph 5 of the plaints the plaintiff stated that the defendant had sub-let the shops to one Kasturi Lal which gave a further ground of ejectment to the plaintiff. In reply to this paragraph 5 of the plaintiff the defendant categorically denied the sub-letting and further mentioned that he had in no way damaged the suit property. Issues were struck in the case on 2-12-1968 and issue No. 2 pertains to subletting of the shops by the defendant. On 23-5-1969, however, when the defendant was leading evidence, he made an application for amending the written statement as stated above. This application was resisted by the plaintiff and the learned subordinate Judge heard arguments and ultimately rejected the application. Against this order the present revision petition has been filed by the defdt.

(3.) IN my opinion the question of the amendment in question has to be viewed in the light of the Provisions of Order 1 Rule 10 Civil Pr. Code because by this amendment the defendant prays for the addition of a party.