S.U.Khan, J. - (1.) IT is unfortunate that this writ petition even though directed against an interim order rejecting the amendment application is pending for 21 years and proceedings are held up due to stay order. Respondent filed a release application under section 16(1)(b) of U.P. Act No. 43 of 1972 before R.C. and E.O. The petitioner filed written objections. Thereafter, on 17.4.1982 petitioner sought amendment in his written objections. R.C. and E.O. Moradabad by order dated 18.7.1983 passed in case No. 1 of 1982 under section 16(1)(b) of Rent Control Act. Ch. Anurudh Kumar and others v. Smt. Brij Rani and others, rejected the said amendment on the ground that it amounted to withdrawal for admission. Through the amendment application in para 2 of the original objections word tenants was sought to be substituted by the, word tenant. A new para numbered as para 7(a) was also sought to be added in the original objections giving the details of the property in tenancy occupation of the petitioner.
(2.) IN my opinion strict principles of C.P.C. do not apply to the proceedings under section 16 of the Act before R.C. and E.O. hence, amendment application can not be rejected on the ground that some admission is sought to be withdrawn. Even otherwise in my opinion no subjective admission was sought to be withdrawn. Allowing an amendment in objection does not mean that the correctness of the added objections has been accepted by the Court. According write petition is allowed impugned order dated 17.4.1982 rejecting the amendment application is set aside. Amendment application is allowed with cost of Rs. 1,000/ - which must be paid by the petitioner to contenting respondents before R.C. and E.O. As the matter is old hence R.C. and E.O. is directed to decided the case as expeditiously as possible preferably within the period of four months from the date of production of certified copy of this order before him. Booth the parties are directed to appear before R.C. and E.O. Moradabad on 26.4.2004 alongwith certified copy of this judgment.;