ALIMUN NISHA Vs. MD.SAHID AHMAD

JUDGEMENT

(1.) IN this writ petition under Article 227 of the Constitution the petitioner has challenged the order dated 9.3.2006 passed by Munsif, 2nd at Dhanbad in Title (Eviction) Suit No. 96 of 2001 whereby he has allowed the amendment petition filed by the defendant -respondent under Order VI, Rule 17. CPC.

(2.) THE plaintiff -petitioner filed the aforesaid suit for eviction of the defendant on the ground of default and also on the ground of personal necessity.

(3.) MR . Debi Prasad, learned Sr. Counsel appearing on behalf of the petitioner assailed the impugned order as being illegal and without jurisdiction. Learned counsel submitted that by the proposed amendment the defendant wanted to change the very complexion of the suit and introduce a new written statement and that by the said amendment the defendant wants to withdraw the admission made in the written statement. Learned counsel submitted that such admission made in the pleading cannot be withdrawn by amending the written statement. In this connection learned Counsel relied on a decision of the Supreme Court reported in 1998(1) SCC, 278.