R.H. Zaidi, J. - (1.) Heard learned Counsel for the petitioners and learned Counsel for the respondents.
(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 15.12.1997 by which the amendment application filed by the contesting respondent landlord was allowed by the Revisional Court in part.
(3.) The relevant facts of the case giving rise to the present petition are that the contesting respondent filed a suit for ejectment, recovery of rent and damages on the ground of default before the Judge Small Causes Court, Jhansi against the father of the petitioners, which was contested by the father of the petitioners. The trial Court recorded findings on the relevant issues in favour of the petitioners and against the plaintiff respondent and ultimately dismissed the suit by its judgment and decree dated 21.4.1979. Challenging the validity of the said decree the contesting respondent filed a revision before the Court below under Section 25 of the Provincial Small Causes Court Act. During the pendency of the revision before the Court below, the contesting respondent filed an application for amendment of the plaint, which was numbered as 57-C. Against the said application an objection was filed by the petitioners contending that under the facts and circumstances of the case, particularly, in view of the fact that the application filed by the petitioners for amendment of the written statement by which they attempted to plead that the plaintiff was not the landlord, was rejected, the application was liable to be dismissed. However, the Court below allowed the amendment application by its judgment and order dated 15.12.1997 in part, hence the present petition.;