P.K.CHATTERJI, J. - (1.) THIS second appeal is directed against the judgment and order dated 25-4-1998 passed by XIIIth Additional District Judge, Lucknow allowing the first appeal of the respondents and setting aside the judgment and order dated 6-4-1989 passed by VIth Additional Munsif, Lucknow.
(2.) HEARD learned counsel for the parties and perused the record. For the disposal of appeal, the following substantial questions of law are formulated : 1. Whether the suit filed by the plaintiff/landlord for arrears, damages and ejectment is maintainable under the provisions of Code of Civil Procedure after the coming into force of U.P. Act 13 of 1972 ? 2. Whether the learned Court below legally erred in not considering the fact that in view of Section 43(2)(h) of U.P. Act 13 of 1972 the plaintiff is required to make suitable amendment in the suit filed by him, which the plaintiff had not made as such the suit filed by him is not maintainable and liable to be dismissed ? 3. Whether the suit filed by the plaintiff/landlord is barred by the provisions of Section 43(2)(h) of the U.P. Act ? The substantial question of law Nos. 2 and 3 are related to each other and hence they are being disposed of together.
(3.) IT is admitted case of the plaintiff that no amendment was made.;