RAKESH TIWARI, J. - (1.) HEARD learned Counsel for the parties and perused the record.
(2.) THIS writ petition has been filed challenging the validity and correct­ness of the order and judgment dated 26.2.2011 passed by Additional Sessions Judge, Court No. 7, Varanasi, by which amendment application has been re­jected. The brief facts of the case are that respondent-landlord filed SCC Suit No. 18 of 1998 against father of the petitioner for arrears of rent in regard to premises in dispute i.e. House No. K 1/21 Mohalla-Gau Ghat, Varanasi. The father of the petitioner died during pendency of the suit and the petitioner was substituted as his legal heir. The petitioners contested the suit by filing their written statement (paper No. 51 Ga) denying the plaint allegation. The suit was decreed by Judge Small Causes Court, Varanasi vide order dated 21.5.2010. Aggrieved by the said order, the petitioners preferred revision No. 15 of 2010 under section 25 of Small Causes Court Act before the Court of District Judge, Varanasi, which is pending. It transpires from the record that during pendency of the said revision, an amendment application (paper No. 20 Ka) was filed in the written statement praying for following amendment : -
(3.) SUBSEQUENTLY , objections (paper No. 22 Ga) to the amendment applica­tion were filed by the respondent-landlord inter alia that the plea sought by amendment application is already on record in paragraph 24 of the written statement and that the amendment application has been filed only to delay the proceedings. It was also stated in the objection that there is no provision for amendment at the stage of revision and that the petitioner is not entitled to any benefit in this regard.;