VISHNU PRASAD GARG Vs. CHAND BAI

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the order dated 01.012.2021 passed by the learned Additional District Judge, No.1, Ajmer in Civil First Appeal No.33/2017 whereby an application filed by the petitioner-appellant (tenant) under Order 6 Rule 17 read with Sec. 151 C.P.C. seeking amendment in the written statement, has been dismissed.

(2.) The facts in brief are that predecessor-in-interest of the respondents-plaintiffs Smt. Chand Bai filed a suit for eviction against the petitioner-defendant on the grounds inter-alia reasonable and bonafide necessity of the subject shop for her grandsons Saurabh and Sandeep. The aforesaid suit was decreed by the learned trial court vide its judgment dtd. 25/8/2006. During pendency of the civil first appeal, the petitioner filed an application dtd. 15/9/2021 under Order 6 Rule 17 read with Sec. 151 C.P.C. seeking amendment in the written statement incorporating two subsequent events, i.e., acquisition of alternative accommodation and sale of one shop during pendency of the appeal. The application has been dismissed by the learned Appellate Court vide its order dtd. 1/12/2021, impugned herein.

(3.) Learned counsel for the petitioner contended that undisputedly these events took place during pendency of the appeal which materially affect the need of the suit shop for grandsons of the original plaintiff and hence, the learned Appellate Court erred in dismissing the application. He, in support of his submissions, relies upon a judgment of the Hon'ble the Supreme Court of India in the case of Sheshambal (Dead) Through LRs Vs. Chelur Corporation Chelur Building & Ors.; (2010) 3 SCC 470 and a coordinate Bench judgment of this Court in the case of Gajendra Singh Lodha Vs. Bhanwar Lal & Ors.; 2008 (4) WLC Rajasthan 658. He, therefore, prayed that the order impugned dtd. 1/12/2021 be quashed and set aside and the application filed by him under Order 6 Rule 17 C.P.C. read with Sec. 151 C.P.C. be allowed.