LRS OF NAND KISHOR Vs. ASHOK KUMAR DAGA

JUDGEMENT

(1.) The present writ petition has been preferred against the order impugned dtd. 25/3/2021 (Annex.8) passed by the Additional District Judge, Suratgarh, District Sriganganagar in case No.10/2015 (CIS No.11/2015), whereby the application under Order 6 Rule 17, CPC as preferred by the petitioners/defendants has been dismissed. The application for amendment in the memo of appeal was filed with the submission that Rajasthan Rent Control Act, 2001 had come into effect in Municipality of Suratgarh vide notification dtd. 11/7/2014 and hence, the suit in question could not have been entertained by the Civil Court i.e. the Court in question.

(2.) The application as preferred by the petitioners has been dismissed by the first Appellate Court with the specific finding that the said ground has already been raised by the petitioners in their memo of appeal and further, Issue No.7 as framed by the Trial Court already pertains to the said ground. Therefore, no case for amendment of the memo of appeal was made out.

(3.) Learned counsel for the petitioners submits that if the amendment as prayed for, is permitted, it would not prejudice the respondent in any manner and hence, the same ought to have been allowed.