ASHOK KUMAR JINDAL Vs. RENT TRIBUNAL

JUDGEMENT

(1.) The present writ petition is directed against the order dated 16.4.2018 and 19.2.2019 passed by the learned Rent Tribunal, Jodhpur Metropolitan, Jodhpur (hereinafter referred to as the Rent Control Tribunal), vide which the petitioner's application dated 5.1.2019, under Order VI Rule 18 of the Code of Civil Procedure (hereinafter referred to as the Code) has been rejected.

(2.) The facts in brief are that the respondent No.2 filed a petition for eviction of disputed premises on the ground of personal bonafide necessity before the Rent Tribunal, Jodhpur (hereinafter referred to as the Tribunal). During the pendency of the suit, he filed an application seeking amendment in the petition under Order VI Rule 17 of the Code, which application came to be allowed by the Tribunal, vide its order dated 24.5.2017, operative portion whereof reads thus:

(3.) In spite of the fact that his application had been allowed, the respondent No.2 did not file amended petition, hence, the petitioner-tenant moved an application under Order VI Rule 18 of the Code on 5.1.2018 and prayed that the right of the respondent No.2 to file amended plaint be closed. The petitioner's application under Order VI Rule 18 of the Code came to be rejected by the Tribunal, vide its order dated 16.4.2018 with the observation that the Tribunal had not specifically closed the right of the petitioner to file amended plaint and further that the amended plaint was already taken on record. The Tribunal also opined that the interest of justice warrants that the same be not taken off the record.