BILAMCHAND Vs. VIDYA DEVI

JUDGEMENT

(1.) This is a revision application challenging the order of the learned Additional Munsiff-cum-Judicial Magistrate No. 5 Jaipur City, Jaipur, allowing the non-petitioner by way of amendment to add one more ground of ejectment relating to the letting of the premises by the tenant.

(2.) The brief facts out of which this revision arises are as follows :

(3.) The plaintiff-non-petitioner Smt. Vidyadevi filed a suit against the petitioner-defendant for ejectment on the ground that the defendant has neither paid nor tendered the arrears of rent for six months and further that plaintiff-non-petitioner requires the suit shop reasonably and bonafide for the business of the husband. It is alleged that subsequent to the filing of the written statement and before the striking of the issue the petitioner sublet the shop to other person and, therefore, the plaintiff wanted to amend by adding the ground of subletting. The amendment was allowed by the Court and the plaintiff was permitted to amend the plaint by adding para 8 A in respect of subletting. The trial Court which allowing amendment observed that application was moved at an earliest even when issues have not been framed; that the proposed amendment shall not change the jurisdiction of the Court and further that the defendant will not be prejudiced as he will have the opportunity of defending himself against the case based on subletting. Hence this revision.