R.H. Zaidi, J. - (1.) Heard learned counsel for the parties and also perused the record.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 25.11.2000 passed by the trial court rejecting the application filed by the petitioners for amendment of the written statement and the order dated 7.12.2000 whereby revision filed by the petitioners against the order of trial court has been dismissed by the revisional court.
(3.) It appears that the respondent No. 3 filed S.C.C. Suit No. 113 of 1993 for ejectment and recovery of rent against the petitioners on the grounds of default and subletting. On receipt of the notices, petitioners filed their written statement denying the claim of the plaintiff-respondent No. 3 on 2.7.1994. In the said suit evidence of the parties and arguments of the plaintiffs -respondents were concluded. Thereafter, petitioners filed an application for amendment of the written statement. The application filed by the petitioners was objected to and opposed by the respondent No. 3 pleading that the amendment application was not a bona fide application but the same was filed with a view to delay the disposal of the suit. The trial court, after hearing the parties, held that the amendment application was not a bona fide application, it was filed at a belated stage and if the application was allowed, the proceedings of the suit will have to be reopened. It was also observed that the amendment sought was not necessary for resolving the controversy involved in the suit. Having recorded the said finding the trial court dismissed the application by its judgment and order dated 25.11.2000. Challenging the validity of the said order, the petitioners filed a revision before the court below under Section 25 of the Provincial Small Cause Courts Act. The court below affirmed the order passed by the trial court and dismissed the revision by its judgment and order dated 7.12.2000. Hence, the present petition.;