GAJENDRA MEHTA Vs. KISHORE KUMAR & ANR.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner -defendant, tenant and respondent No.1 -plaintiff -lessor.

(2.) THIS writ petition is directed against the order dated 23.09.2011 whereby the learned trial court has rejected the amendment application of the defendant -petitioner under Order 6 Rule 17 CPC in a suit for eviction by which the defendant -lessee sought to amend his written statement at the stage of beginning of defence evidence seeking to include the pleading relating to joint ownership of the suit premises besides the lessor - Kishore Kumar, by other family members viz. Bhanwar Lal and Amritlal.

(3.) ON the ground of delay in applying for amendment, learned counsel for the petitioner submitted that the same deserves to be condoned in view of decision of Hon'ble Supreme Court in the case of Surender Kumar Sharma v. Makhan Singh reported in : (2009) 10 SCC 626 and in the case of Usha Balasaheb Swami & Ors. v. Kiran Appaso Swami & Ors. Reported in : (2007) 5 SCC 602.