BALKISHAN Vs. GULAB SURANA

JUDGEMENT

(1.) This writ petition is filed by the petitioner being aggrieved with the order dtd. 22/3/2022 passed by Senior Civil Judge, Sujangarh, District Churu (for short the trial court hereinafter) in Original Civil Suit No. 75/2011, whereby the application filed by the petitioner under Order 6 Rule 17 read with Sec. 151 CPC has been dismissed.

(2.) Brief facts of the case are that the respondent filed a suit for eviction of shop in question and for recovery of due rent against the petitioner under the provisions of Transfer of Property Act. The said suit is pending consideration before the trial court in which the petitioner put in his appearance and also filed his written statement.

(3.) On 26/7/2016, the petitioner moved an application under Order 6 Rule 17 read with Sec. 151 CPC with a prayer to allow him to make amendment in his written statement. In the said application, the petitioner sought permission to incorporate a ground to the effect that since in the Municipal Area, Sujangarh also, the Rent Control Act, 2001 came into force w.e.f. 11/7/2014, therefore, the suit filed by the respondent before the civil court for eviction is not maintainable. The said application was objected by the respondent and the trial court vide impugned order has dismissed the said application.