TOLA RAM Vs. ADDL DISTRICT JUDGE

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner has beseeched to quash and set aside the order dated 3rd October, 2011, whereby the learned Additional District Judge, Beawar, District Ajmer dismissed the application of the petitioner-applicant filed under Order 6 Rule 17 of CPC seeking amendment in the written statement of defence.

(2.) Having heard the learned counsel for the parties and carefully perused the relevant material on record, it is noticed that respondent-plaintiff filed a civil suit before the learned trial Court for eviction of tenants-petitioner on the ground of bonafide necessity and recovery of rent. After conclusion of trial the suit came to be decreed in favour of the respondent-plaintiff and against the petitioner-defendant. It is stated by the petitioner that during pendency of the suit Dr. Ashok Gangwani vacated the shop on 22nd March, 2010 and handed over its possession to the respondent-plaintiff. The petitioner had filed an appeal against the judgment of the trial Court on 22nd February, 2010.

(3.) Learned counsel for the petitioner took me through the statement of the plaintiff deposed before the trial Court as also the cross examination and contended that the respondent-plaintiff had categorically deposed on oath that in case the shop was vacated by Dr. Ashok Gangwani, he could let out the same to the petitioner-defendant. After the shop having been vacated by Dr. Ashok Gangwani, the bonafide necessity of Ranjeet has come to an end and thus, on account of subsequent events having emerged in the case, the amendment was required to be necessarily made in the written statement of defence. The learned trial Court sans assigning any cogent reason, arbitrarily dismissed this application, whereas the view of the Hon'ble Apex Court in this regard is that when any subsequent event emerges, the party should be permitted to bring that event on record, by way of an amendment in the pleadings. In view of this position, the writ petition deserves to be allowed and the impugned order needs to be set aside.