UMASHANKAR SINGH Vs. MD. SIDDIQUE ALAM

JUDGEMENT

(1.) THE suit of the plaintiff was based on the ground of default (sic) as contemplated under Section 11 (1) (d) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 para 3 of the plaint contains a concise statement about the defendant allegedly committing default in payment of rent. It reads as under : - -

(2.) WHEN the suit was pending, the plaintiff came up with an amendment application and wanted insertion of thefollowing averment in para 10 of the plaint as originally filed : - - 'And cause of action also arose for eviction of defendant during the pendency of the suit for non -payment of monthly rent for more than 2 months, i.e., since the date of filing of the suit and receiving summons on 27.5.1996 by the defendant issued from the court lastly on 20.6.1996 when the defendant gave his appearance in the suit and thereafter day to day till the date he was ordered to deposit rent under Section 15 of the Act.' This amendment was allowed by the trial Judge vide order dated 21.8.1999. The application for review of the aforesaid order has been rejected by the trial Court, vide impugned order under challenge in this petition.

(3.) FOR the reasons aforesaid, the revision application is allowed and the order impugned is set aside with all consequences.