PANJUMAL SINDHI Vs. RAM NARAIN

JUDGEMENT

(1.) THIS revision petition has been preferred by the petitioner who was defendant/appellant in the suit against the order dated 12. 11. 1999 passed by learned Additional District Judge No. 3, Kota, whereby, application seeking amendment in written statement filed u/o. 6, R. 17 CPC by the defendant has been dismissed.

(2.) THE facts which are relevant for deciding the controversy between the parties briefly stated are that plaintiff-respondent filed a suit against the defendant seeking eviction on the ground of his personal bona fide necessity so as to establish tea restaurant & hotel. After trial, the suit was decreed by judgment & decree dated 30. 8. 1989 by the Munsif (North) Kota, against which the defendant preferred first appeal during the pendency of which, he also moved an application seeking amendment for adding following averment in his written statement as special objection No. 3. :- " In last week of February, 1998, plaintiff had got constructed a big hall in the shape of two shops measuring 20' x 16' which were presently in his possession and the plaintiff with Jamnalal had already set up a hotel of tea there and started running it and, therefore, the plaintiff had ceased to have any bona fide personal necessity of the shop in dispute and was not entitled to get the defendant evicted. "

(3.) THE Apex Court also discussed of its earlier decision in the matter of A. K. Gupta & Sons vs. Damodar Valley Corporation, (2) wherein, it observed, as under:- " THE general rule, no doubt, is that party is not allowed by amendment to set up a new case or a new cause of action particularly when a suit or new cases or cause of action is barred : Weldon vs. Neale, (1887) 19 QBD 394. But it is also well recognised that where the amendment does not constitute the addition of a new cause of action or raise a different case, but amounts to no more than a different or additional approach to the same facts, the amendment will be allowed even after the expiry of the statutory period of limitation. "