KAMAL DHAWLA Vs. KRISHNA KATTA

JUDGEMENT

(1.) This revision petition has been directed against the order dated 26.7.2000 passed by Additional District Judge No. 4, Jaipur in 1st Appeal No. 27 of 1998, whereby the application under Order 6 Rule 17 Code of Civil Procedure filed by defendant-petitioner has been rejected.

(2.) The respondent-plaintiff had filed a suit for ejectment on the ground of reasonable bona fide necessity. The suit was decreed and against the judgment and decree of trial Court, regular 1st appeal was preferred, which is pending before the first appellate Court. During pendency of appeal when the case was fixed for final arguments, the application under Order 6, Rule 17 Code of Civil Procedure was moved by defendant-petitioner for amendment of the written statement. The application has been dismissed by the order impugned.

(3.) The amendment being sought was that the accommodation has been made available to plaintiff for doing the business, which is based on certain record i.e., telephone bill in the name of plaintiff. The application was dismissed for the reasons mentioned in the order. The Court had observed that no such document has been placed on record to show that plaintiff had acquired any shop so as to warrant amendment. In my opinion the appellate court had rightly rejected the application for amendment in written statement at the stage of appeal.