TILOK CHAND VAISHNAV Vs. LAXMAN DAS VAISHNAV

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner-defendant assailing the order dtd. 17/4/2025 passed by the Civil Judge, Phalodi, District Jodhpur in Civil Original suit no. 23/2023, whereby the application preferred by the respondent-plaintiff under Order VI Rule 17 read with Sec. 151 of C.P.C. has been partly allowed and amendment to the extent of addition of Para 5-A in the plaint has been permitted.

(2.) The facts, in brief, are that the respondent-plaintiff has instituted a suit for eviction and recovery of arrears of rent against the petitioner-defendant on the basis of an alleged oral tenancy. The petitioner contested the suit by filing written statement denying the relationship of landlord and tenant, and asserting ownership and possession over the suit property.

(3.) After framing of issues and at the stage when the matter was posted for plaintiffs evidence, the respondent has filed an application under Order VI Rule 17 of C.P.C. seeking amendment in the plaint. The trial court, vide order dtd. 17/4/2025, partly allowed the application and permitted incorporation of para 5-A while rejecting the remaining proposed amendments (Para 5-B, 5-C and 5-D). Hence, this writ petition.