MANOHAR LAL JEENGAR Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE petitioner-original defendant has challenged the common order dated 7.4.2012 passed by the Additional District Judge(Fast Track) No.2, Beawar, (hereinafter referred to as the trial court) in Civil Suit No. 1/2012, in so far as the trial court granted the amendment sought by the respondent no. 2 to 4, under Or. VI Rule 17 of C.P.C.

(2.) IT appears that the respondent No. 2, on behalf of herself and as the natural guardian of respondents nos. 3 and 4 has filed the suit seeking eviction of disputed shop against the petitioner-defendant. The said suit has been resisted by the petitioner-defendant by filing written statement , wherein contention was raised interalia that the disputed shop was taken on rent by him from late Umrao Singh Karnawat, and after his death, all his legal heirs were entitled to recover the rent of disputed shop and that the plaintiff alone was not his legal heir. In view of the said contention, the respondent No.2, filed an application seeking amendment in the plaint for impleading other legal heirs of late Umrao Singh Karnawat and accordingly making necessary amendment in the plaint.