HANUMAN PRASAD NAI Vs. KULDEEP SHARMA

JUDGEMENT

(1.) Although this case is listed in the category of "orders", but with the consent of both the parties, this case is being decided finally.

(2.) The petitioner is aggrieved by the order dated 25.04.2009, passed by the learned Rent Tribunal Jaipur City, Jaipur, whereby the learned Tribunal has dismissed the petitioner's application under Order 6 Rule 17 CPC for amending the written statement.

(3.) The brief facts of the case are that the respondent filed a suit against the petitioner for eviction on the ground of bona fide necessity and default. The petitioner filed written statement and denied all the contents made in the eviction petition. On receipt of the show cause notice of the Tribunal, the petitioner deposited all the arrears of rent due within one month in the bank account of the respondent. But due to some bona fide mistake, the word "one month" was not mentioned in the written statement filed by him. Therefore, the defendant-petitioner moved an application under Order 6 Rule 17 CPC for amending the pleadings. The respondent did not file any reply to the said application. However, vide order dated 25.04.2009, the learned Tribunal dismissed the said application. Hence, this petition before this Court.