SRINIWAS Vs. ADDITIONAL DISTRICT

JUDGEMENT

(1.) THE present petition filed under Art. 227 of the Constitution of India is directed against the order dated 16.4.2012 passed by the Additional District and Sessions Judge No.2, Bharatpur, (hereinafter referred to as the Appellate Court) in Civil Regular Appeal No. 17/2003, whereby the Appellate Court has dismissed the application of the petitioner-defendant seeking amendment in the written statement under Or. VI Rule 17 of C.P.C. at the appellate stage.

(2.) THE respondent no.2-original plaintiff had filed the suit against the petitioner-defendant, seeking possession of the suit premises, which suit was decreed by the trial court, against which the petitioner-defendant had filed the appeal being no. 17/03, before the Appellate Court. During the pendency of the appeal, the petitioner-appellant filed an application seeking amendment in the written statement filed by him in the suit, for bringing subsequent events on record. The said application has been dismissed by the Appellate Court, against which the present petition has been filed.

(3.) IN the instant case, it appears that the appeal against the decree of eviction passed against the petitioner is pending before the Appellate Court. During the pendency of appeal, the petitioner-appellant had submitted an application under Or. XLI R. 27 for taking on record the copies of the registered sale-deeds which the respondent plaintiff had allegedly executed in respect of his other properties. The said application was granted by the appellate Court and the said documents have already been permitted to be taken on record. Thereafter the application was submitted by the petitioner-appellant in the Appeal, seeking amendment in the written statement under Or. VI R. 17 of C.P.C., which has been rejected by the Appellate Court. This Court fails to understand as to how such an application seeking amendment in the pleadings of the suit is permissible at the appellate stage, when the suit has already been disposed of on merits.