RAJ KRISHNA KAPOOR Vs. SURESH MANGAL

JUDGEMENT

(1.) In pursuance of the public notice issued by this court informing the litigants that they are welcome to appear before this court and to argue their case as the learned members of the Bar are on strike, Mr. Raj Krishna Kapoor, the petitioner, and Mr. Suresh Mangal, the respondent, are present in person.

(2.) The petitioner has challenged the order dated 28.2.2014 passed by the Additional District Judge No.2, Ajmer whereby the learned Judge has dismissed the application filed by the petitioner under Order 6, Rule 17 read with Section 151 CPC.

(3.) The brief facts of the case are that on 4.6.1988, the petitioner as the landlord, had filed a civil suit for eviction against the respondent-tenant. During the course of the trial, he had filed an application under Order 6, Rule 17 CPC for amending the plaint. By order dated 24.4.1998, the learned trial court had granted him permission to amend the plaint. Consequently on 20.5.1998 he had submitted an amended plaint and the trial continued. By judgment and decree dated 8.12.2004, the learned trial court had decreed the suit in favour of the petitioner. Subsequently, the respondent-defendant filed an appeal before the learned Judge. According to the petitioner, when the appeal was listed for final arguments, while preparing the case for final arguments, suddenly it was noticed that description of the property in dispute was incomplete. Therefore, the petitioner filed an application under Order 6, Rule 17 CPC for amending the plaint and for giving a more detailed description of the property in dispute. However, by order dated 28.2.2014, the said application has been dismissed by the learned Judge. Hence, this petition before this court.