Sibghat Ullah Khan, J. - (1.) Heard Sri Kapil Rathore learned Counsel for the petitioner as well as Sri K.M. Garg, learned Counsel for the landlord-respondent No. 2. Landlady respondent No. 2 filed S.C.C. Suit No. 6 of 2003 against the tenant-petitioner for eviction and recovery of arrears of rent. J.S.C.C. Bijnor decreed the suit. Against the said judgment and decree petitioner has filed S.C.C. Revision No. 11 of 2005, which is pending before the District Judge, Bijnor. In the revision petitioner filed an application seeking amendment in his written statement adding the plea of bar of section 114 Transfer of Property Act. Landlady-respondent contended before the Revisional Court that the said plea was already there in written statement and issue No. 4 was also framed in respect thereof. It was also pointed out that ground No. 11 of memorandum of revision was just contrary to the stand, which was being taken through amendment.
(2.) Revisional Court held that the plea, which was sought to be added through amendment, was already there in the written statement. Revisional Court accordingly rejected the application for amendment in the written statement on 12.9.2005. The said order is under challenge in this writ petition.
(3.) Writ petition is disposed of with the direction that at the time of final hearing of the revision petitioner shall be permitted to raise the plea pertaining to the bar of section 114 of Transfer of Property Act and if pressed, the said plea shall be dealt with in the judgment.;