UTTAM CHAND KOTHARI Vs. GAURI SHANKAR JALAN

JUDGEMENT

(1.) Heard Mr. S. J. Sarma, learned counsel for the petitioner and Mr. B. K. Goswami, learned counsel for the respondents.

(2.) In this application under Section 115 read with Section 151 of the Code of Civil Procedure the petitioner has assailed the order dated 26-7-2002 passed by the learned Civil Judge (Senior Division) No. 1. Guwahati in Title Suit No. 171/96 rejecting the application for amendment of the written statement.

(3.) The said Title Suit No. 171/96 was instituted by the respondents as plaintiff against the petitioner for eviction of the petitioner and for recovery of arrears of rent. The petitioner as defendant contested the suit by filing written statement. The learned trial Court proceeded with the suit and one witness was examined on behalf of the plaintiff /respondents. At that stage the petitioner filed petition No. 636/02 under Order 6, Rule 17 of the CPC praying for amendment of the written statement. The prayer of the petitioner was rejected by the impugned order dated 26-7-2002.