JHHABAR Vs. KISHAN SHARAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This revision petition is directed against the order dated 14.2.2000 of the Additional District Judge, Kotputali passed in Civil Regular Appeal No. 22/1995 under which the application filed by the defendant appellant petitioner under Order 6 Rule 17 Code of Civil Procedure was came to be rejected.

(3.) The plaintiff respondent non petitioner filed a civil suit for eviction of the defendant appellant petitioner from the suit premises i.e. two shops situated at Bachhdi, Dilli Darwaja, Kotputli and for recovery of the arrears of rent from the defendant appellant petitioner. The eviction of the defendant appellant petitioner was sought from the suit premises inter alia on the ground of default in the payment of rent and bona fide necessity of the suit premises. The learned trial Court under its judgment and decree dated 7.9.1995 decreed the suit of the plaintiff respondent non-petitioner. The defendant appellant petitioner filed an appeal against the judgment and decree of the learned trial Court which was registered as Civil Regular Appeal No. 22/1995. During pendency of the appeal the defendant appellant petitioner filed an application under Order 6 Rule 17 Code of Civil Procedure with the averments that in the appeal the point of reasonable and bonafide need of the suit premises is to be decided and amendments prayed for relate to this ground. That application was came to be rejected under the impugned order of the first appellate Court. Thus, this revision petition.