MADANLAL AGARWAL Vs. SITA DEVI KHIRWAL

JUDGEMENT

(1.) Heard Mrs. M. M. Pal, learned counsel for the petitioner and Mr. Chandrajeet Mukherjee, learned counsel for the respondents.

(2.) In the instant application under Article 227 of the Constitution of India, the petitioner, who is defendant, has challenged the order dated 19-5-2008 passed by Munsif, Chaibasa in Eviction Suit No. 14 of 2005 whereby he has rejected the petition filed by the petitioner under Order 6, Rule 17, C.P.C, seeking amendment of the written statement.

(3.) The plaintiff-respondent filed the aforementioned eviction suit for a decree of eviction of the defendant-petitioner from the suit premises. The defendant appeared and contested the suit by filing written statement denying the grounds for eviction set forth in the plaint. During pendency of the suit, petitioner filed application on 17-3-2008 seeking amendment of the written statement. The proposed amendment sought for by the petitioner is quoted hereinbelow:-