KANTA DEVI Vs. BHANWAR LAL

JUDGEMENT

(1.) HEARD learned counsel for the petitioners. Perused the impugned order dated 29. 06. 2009 (Annexure-1) by which the application submitted by the plaintiff for amendment of the plaint has been rejected.

(2.) THE suit as originally filed, has been filed against the sole defendant - Bhanwar Lal alleging him to be the sub-tenant of the society. The defendant filed the written-statement denying the sub-tenancy and in fact he pleaded having atterned in favour of the original landlord from whom the present plaintiff is the transferee. The suit had been filed without impleading the principal tenant, the society, whose sub-tenant-defendant bhanwar Lal was alleged to be. The plaintiff after coming to know of the plea raised by the defendants filed a rejoinder in which, as per the learned counsel for the petitioner, the plaintiff admitted the fact with regard to the attornment by the defendant bhanwar Lal after having verified the said fact from the previous landlord. In that view of the matter the amendment is futile. The suit has been pending since the year 2000.

(3.) THESE pleadings were completed, as per the submissions of the learned counsel for the petitioners in or about the year 2004 and at this stage the present application has been filed by the petitioner-plaintiff under Order 6 Rule 16 and 17, C. P. C. , for incorporating these facts which are unnecessary after the rejoinder was filed.