VIMLA DEVI Vs. JHAMMAN LAL JAIN

JUDGEMENT

(1.) By way of this petition, the petitioners have assailed the order dated 2.7.2008 passed by Additional District Judge No.2, Alwar in Civil appeal no.50/2004 whereby the application filed by petitioners (plaintiffs) seeking amendment of their pleadings on the ground that after the judgment and decree passed by the trial court, original plaintiff Kishan Chand Sharma for whose business the premises in question were needed, has died and, therefore, the premises in question are required for the business of his widow Vimla Devi, was dismissed.

(2.) Briefly stated facts of the case are that Kishan lal Sharma, the original plaintiff, the predecessor of present petitioners instituted a suit against the respondent for eviction, inter alia, on the ground of reasonable and bona fide necessity of the suit shop for carrying on stationery business therein. Said suit was decreed in favour of late Kishan lal Sharma (plaintiff) on 12.10.2004, as against which the defendant (respondent herein) filed an appeal before the District Judge, Alwar, which came to be transferred to the court of Additional District Judge No.2, Alwar.

(3.) The respondent/defendant filed an application under O.6 R.17 of the Code of Civil Procedure (hereafter referred to as 'the Code') for amending the written-statement at the appellate stage, praying therein that on account of death of the original plaintiff, reasonable and bona fide necessity of the shop in question eclipsed. Said application was kept pending by the First Appellate Court with the observation that it would be decided along with the appeal.