CHETAN DAS Vs. JAIPRAKASH VARLANI

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 23/09/2022 passed by Rent Tribunal (Senior Civil Judge), Chittorgarh, whereby the application preferred by the petitioner-defendant under Order 6, Rule 17 CPC for amendment of the written statement has been rejected.

(2.) Learned counsel for the petitioner submits that the petitioner being one of the legal heirs of Dharmdas @ Tekchand is in possession of a shop. The respondent-plaintiff being the owner of the shop on the strength of a registered Will dtd. 13/05/2011 filed an application before the Rent Tribunal Chittorgarh for eviction of the petitioner from the shop in question. On the application so preferred by the respondent, a written statement was filed by the petitioner. After filing the written statement, the petitioner came to know that there is one more Will dtd. 15/06/2013 which is in existence. The existence of Will dtd. 15/06/2013 came to the knowledge of the petitioner only on the receipt of summons dtd. 21/03/2020 issued in the case of Smt.Sheela Devi v. Khillu Ram and others. After the receipt of the summons of the case filed by Smt. Sheela Devi, the petitioner appeared before learned trial Court and while prosecuting the same, the petitioner came across the Will dtd. 15/06/2013. Learned counsel for the petitioner submits that in these circumstances, the petitioner preferred an application under Order 6, Rule 17 CPC for amendment of the written statement by incorporating the fact of existence of Will dtd. 15/06/2013 in his pleadings. Learned counsel for the petitioner submits that the fact of the Will dtd. 15/06/2013 was not within the knowledge of the petitioner before the summons received by him on 21/03/2020 (Annex.4) and, therefore, he is well within his right to file an application for amendment of the written statement. He submits that the learned trial Court has committed an error while rejecting the application vide order dtd. 23/09/2022 and he, therefore, prays that the writ petition may be allowed and the application preferred by the petitioner under Order 6, Rule 17 CPC may be allowed.

(3.) Per contra, learned counsel for the respondent vehemently opposed the submissions made by learned counsel for the petitioner and submits that the petitioner was well aware of the fact of the existence of the Will dtd. 15/06/2013. He submits that in paragraph 19 of the case filed by Smt. Sheela Devi, she has mentioned and discussed about the Will in question and, therefore, it cannot be said that the petitioner was not aware of the fact that the Will dtd. 15/06/2013 is in existence. He further submits that a notice for eviction of the shop in question was also served on behalf of Moolchand way back in the year 2014. He also submits that the Will dtd. 15/06/2013 is a forged one, therefore, the same cannot be placed on record. He, therefore, submits that no interference is warranted in the order dtd. 23/09/2022 and the writ petition may kindly be dismissed.