MANOHAR LAL Vs. NAND KISHORE

JUDGEMENT

(1.) This writ petition has been filed assailing the order dated 12.12.2019 whereby, the learned First Appellate Court has dismissed the application filed by the appellant-defendant under Order 6 Rule 17 read with Section 151 CPC seeking amendment in the written statement.

(2.) It is contended by learned counsel for the petitioner that the suit for eviction filed by the respondents-plaintiffs against him was decreed by the learned trial Court on the ground of second default on the payment of rent; whereas, as per the rent deed dated 22.05.1979, he has paid one month's rent in advance to the respondents-landlords which was required to be adjusted in six months' rent. He submitted that on account of bonafide and inadvertent error, the amendment could not be sought earlier which is necessary for just and effective disposal of the controversy involved in the matter. He submits that the learned Appellate Court has erred in rejecting his application ignoring this vital aspect of the matter.

(3.) Heard learned counsel for the petitioner and perused the record.