SHAKUNTALA Vs. DAVENDRA KUMAR MOOL CHAND

JUDGEMENT

(1.) I have heard learned counsel for petitioner on the admission of this civil revision petition u/sec. 115 C. P. C. which is directed against the order dated 9. 12. 2002 of the learned Addl. District & Sessions Judge, Kishangarh, Ajmer in Civil Regular Appeal No. 14/1997 rejecting the application for amendment of the written statement at the appellate stage filed under Order 6 Rule 17 read with Section 151 C. P. C.

(2.) NON-petitioner instituted a suit for possession of Quarter No. 25 described in para 2 of the plaint and for a decree of Rs. 2160/- along with pendentelite and future mesne profits till the delivery of the possession stating therein that he was the owner of the disputed property on the basis of a sale certificate dated 5. 10. 1972 having purchased it in auction held in execution of a decree in Civil Execution Case No. 3/1968. Petitioner (defendant) in that suit contested the suit by filing a written statement and denying the averments made in the plaint. The suit was after its due trial decreed on 12. 9. 1997 against which petitioner filed an appeal before the learned court below which is admittedly pending. During the pendency of the said appeal, petitioner moved an application under Order 6 Rule 17 r/w Section 151 C. P. C. for permission to amend the written statement and to add paras (2-A) to (2-E) in the written statement which was resisted by and on behalf of non-petitioner (plaintiff) in that suit by filing a detailed reply thereto. Learned court below after hearing the parties dismissed the said application vide impugned order which is under challenge in this revision.

(3.) IN this view of the matter, therefore, this revision petition deserves to be and is hereby dismissed. However, the petitioner may raise his grievance sought to be raised in this revision in appropriate forum, if so permitted by law. .