MANGI LAL SAINI Vs. CIVIL JUDGE (JD)

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the order dated 04.10.2008 passed by the learned trial court by which the application submitted by the petitioner for the amendment of the written statement on 20.05.2008 has been dismissed.

(2.) The facts, in brief, are that the respondent No. 2, the plaintiff-landlord filed a suit for eviction under the provisions of Transfer of Property Act by terminating the tenancy by giving a notice in view of the fact that the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (in short 'the Act of 1950') had been repealed vide Section 32 of the Rajasthan Rent Control Act, 2001 (Act No. 1 of 2003) (in short 'the Act of 2001') w.e.f. 01.04.2003 and the new Act of 2001 is not applicable to the premises in dispute.

(3.) In the original written statement, no such plea, as is sought to be incorporated now by the application under Order 6 Rule 17 C.P.C. filed as Annexure-1 to this writ petition was raised and hence, the application