RAMCHANDRA Vs. NARSINGH PATHAK & ORS

JUDGEMENT

(1.) This Writ Petition has been filed by the defendant-petitioner assailing Order dated 10.12.2014 passed by Civil judge and judidal Magistrate (First Class), Pushkar, Ajmer (for short 'the Trial Court') by which application under Order 6 Rule 17 C.P.C. filed by the petitioner has been rejected.

(2.) The petitioner-defendant filed application before the Trial Court under Order 6 Rule 17 read with Section 151 C.P.C. inter alia starting therein that the plaintiff has acquired vacant possession of two shops, which are bigger than the shop let out to the defendant-petitioner and adjacent to the shop in which plaintiffs son Manish was running business of selling toys. The plaintiff has joined those two shops and by merging certain space available behind them, the plaintiff has sold the aforesaid shop to Railash Ratan Mali by registered sale deed dated 12.11.2012. Incorporation of these facts, which were based on subsequent development, were sought by the petitioner-defendant by making amendment in the written statement the Trial Court vide impugned order has rejected the application.

(3.) Mr. R.K. Agarwal, learned Senior Counsel appearing on behalf of the petitioner-defendant has submitted that the Trial Court was wholly unjustified in rejecting the application on the premise that similar application was already 1 rejected by the Trial Court on 10.1.2014. It is contended that earlier application was filed with regard to the fact that the plaintiff had acquired possession of two shops, but the new development now was that the plaintiff has sold those shops by joining them and merging some space lying behind them. The new shop, which was sold by the plaintiff, was four times in the size than that of the shop let out to the petitioner-defendant. Learned Senior Counsel has submitted that the Trial Court was shelly unjustified in rejecting the application because a specific issue being issue No. 1 was framed with regard to personal bona fide necessity of plaintiffs son, therefore, it was necessary to amend the written statement by incorporating aforesaid subsequent development.