KEWAL KRISHAN Vs. SHAM LAL

JUDGEMENT

(1.) Review of the Order dtd. 16/12/2023, passed by this Court in CM(M) no.122/2022 titled as Kewal Krishan v. Sham Lal, is sought on the grounds made mention of in the instant petition.

(2.) I have heard counsel for parties and considered the matter.

(3.) Learned counsel for petitioner would contend that it was the case of petitioner that order dtd. 6/8/2022 is against the law as interpreted by various courts with respect to the scope of Order VIII Rule 9 of the Code of Civil Procedure and that the proposed Replica contradicts the main plaint inasmuch as the date of commencement of tenancy in the plaint is specifically mentioned with effect from 1 st January 2010, but petitioner exposed the mischief of respondent/ plaintiff by placing on record a copy of demand draft of Rs.8.00 Lakhs in 2009 in they name of respondent towards the purchase of subject matter of suit, respondent sought to explain it by terming it as arrears of rent by proposed Replica. It is also stated that any order of trial court which is manifestly unjust and causes miscarriage of justice is open to supervisory scrutiny of the High Court under Article 227 of the Constitution of India. It is also averred that the replica can never be permitted in law as it contravenes the case set up by plaintiff originally and therefore such a replica instead of explaining the contents of written statement is in fact amending the contents of plaint, which certainly occasion serious miscarriage of justice to petitioner who has exposed his defence to the original case set up and not to the case now being set up by proposed replica.