- (1.) This writ petition is directed against the order dated 28/08/1991 passed by the Additional Judge Small Cause Court, Kanpur Nagar (respondent No.2) allowing the amendment application filed by respondent No.3 and the order dated 6/08/1993 passed by respondent No.1 affirming the said order in revision.
(2.) Respondent No.3 filed S.C.C. Suit No.751 of 1980 in the Court of Judge Small Causes, Kanpur Nagar against respondents No.4 to 10 and the petitioner on the allegation that the disputed accommodation was under the tenancy of the Purhwal Mills Co. Ltd. which was taken over by the U.P. State Sugar Corporation Ltd. (respondent No.4). The defendants No.1 to 4 in the suit illegality and without the consent and permission of the plaintiff sublet the accommodation to defendant Nos.5 to 8. The petitioner was impleaded as defendant No.7 in the Suit.
(3.) During the pendency of the Suit the plaintiff filed an application for amendment in the plaint. It was stated that the petitioner illegally sublet the accommodation to Sri Shiv Kumar Awasthi, Sri Umashankar Mishra and Sri Ramkishan Kanodia and has also made substantial and material alteration and addition to the premises in question and thereby reduced its value. He sought to add Paras 10B and 10C in the plaint. The amendment application was opposed by the petitioner on the ground that the allegation contained in the amendment application were false. He had not sublet any portion to any one nor made any material alteration in the tenanted accommodation. The amendment sought will change the nature of the Suit and will introduce new cause of action. This Judge Small Causes Court allowed the application and the order was affirmed in revision.;