GOVIND GUPTA Vs. UMA SHARMA

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 30.05.2015 wherein application submitted by the petitioner under Order 6 Rule 17 CPC was dismissed. A further challenge is made to the order dated 12.08.2015 where review petition preferred by the petitioner against the order dated 30.05.2015 was also dismissed.

(2.) Learned counsel submits that amendment in the written statement was sought by maintaining an application under Order 6 Rule 17 CPC. It has been dismissed in ignorance of the fact that prior to the Original Application for eviction by the landlord, the matter travelled upto the Appellate Rent Tribunal. The fact aforesaid was suppressed by the landlord while maintaining Original Application thus was sought to be brought on record by amending the written statement. It has been declined by the court below mainly on the ground that event narrated in the application for amendment in the written statement is not a subsequent event. The amendment can be permitted not only if it is in reference to the subsequent event but even the past event relevant and to be brought on record. In view of above, application for amendment in the written statement should have been allowed by the court below.

(3.) Learned counsel for respondent has opposed the writ petition. He submits that fact sought to be brought on record by amending the written statement was in the knowledge of the petitioner. It was not narrated in the written statement as was not even relevant. The application for amendment in the written statement was filed only to delay the proceedings for eviction. The jurisdiction of this court has been misused for the aforesaid because the court below has passed a reasoned order while dismissing the application.