(1.) This revision has been filed against the order dated 8-11-2001, by which the trial Court refused to take the amended plaint on record for the reason that it had been filed after expiry of fourteen days from the date of the order allowing the amendment by the Court.
(2.) The facts and circumstances giving rise that this case are that the petitioner-plaintiff had filed a suit on 13-10-1998 against the respondent-defendant for eviction from the suit premises on various grounds including the default in payment of rent, material alteration, sub-letting as well as personal necessity and also for recovery of arrears of rent. At a later stage, an application under O. 6, R. 17 of the Code of Civil Procedure, 1908 (for short, "the Code") was filed stating that the petitioner stood retired from service during pendency of the suit and regarding commencement of business by him along with his son in the suit premises. The said application was allowed by the learned trial Court vide order dated 31-3-2001 at the cost of Rs. 300.00. The Court did not fix any time for filing the amended plaint. On 10-7-2001, another application under Sec. 148 read with Section 151 of the Code was filed for extension of time to file amended plaint in pursuance of the order dated 31-3-2001, which has been rejected by the Court below on the ground that the Court has no competence to extend the time if the amended plaint had not been filed within fourteen days from the date of order, for the reason that the Court had not fixed the time for filing the amended plaint. Hence this revision.
(3.) Facts are not in dispute. The only question involved herein is as to whether the Court has competence to extend the period for filing the amended pleadings where no time is fixed by the Court and the party is to file the same within fourteen days of the date of order allowing the amendment application under O. 6, R. 17 of the Code. The provisions of O. 6, R. 18 of the Code provide that party, whose application for amendment of the pleadings has been allowed, shall not be permitted to amend after expiration of such limited time (as granted by the Court) or of such fourteen days, as the case may be, unless the time is extended by the Court.
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