HARI PRASAD KAILASH PRAJAPAT Vs. MADHUSUDAN BANGAR

JUDGEMENT

(1.) The petitioner/defendant has preferred this writ petition under Article 227 of the Constitution of India challenging the order dtd. 12/11/2024 passed by learned Civil Judge, Didwana, District Didwana-Kuchaman, in Civil Suit No.46/2022, whereby application preferred by the petitioner/defendant under Order VI Rule 17 CPC has been dismissed.

(2.) Briefly stated, the facts of the case are that the respondents No.1 and 2 (plaintiffs) filed a suit for eviction and mesne profit against the petitioner/defendant before the learned Civil Judge, Didwana on 1/9/2019 under the provisions of the Transfer of Property Act. In the aforesaid suit, the petitioner/defendant after being served with the summons filed his written statement on 6/3/2020 while denying the averments in the suit. As per the pleadings of the parties, issues were framed.

(3.) During pendency of the suit, the petitioner/defendant filed an application under Order VI Rule 17 CPC on 13/9/2024 seeking to amend the written statement filed, whereby the petitioner sought to add pleading with respect to non-maintainability of the suit in view of provisions of new Act, inasmuch as the Civil Judge left with no jurisdiction to hear and try the suits relating to dispute between the land and tenant and that on 07.085.2023, Didwana was declared as independent District and thus provisions of new Rent Control Act, 2001 were made effective. The petitioner/defendant thus prayed to add paragraphs 13 and 14 in his written statement.