R.S. GAHLAUT Vs. DISTRICT JUDGE
LAWS(ALL)-1995-7-169
HIGH COURT OF ALLAHABAD
Decided on July 12,1995

R.S. Gahlaut Appellant
VERSUS
DISTRICT JUDGE Respondents

JUDGEMENT

Om Prakash Jain, J. - (1.) HEARD Sri. V.K. Jain for the petitioner. The writ petition is directed against the rejection of amendment in the written statement. The landlord claimed that the rent is Rs. 150/ - p.m. and according to the tenant it was Rs. 90/ - p.m. the tenant wanted to produce a document showing that he had informed his department that he has taken a house on rent at the rate of Rs. 90/ - p.m. That application was rejected and the revision filed by the tenant was also rejected. Under these circumstances, the prayer for amendment was made which was disallowed by the trial Court and in revision also the petition was unsuccessful.
(2.) LEARNED counsel for the petitioner cited : AIR 1980 SC 319 and, AIR 1967 SC 363 in support of his contention that the Court should be liberal in accepting the amendment application. It is argued that the proposed amendment will not change the nature of the case nor it will cause any prejudice to the counsel for the opp. parties. In view of the facts stated above, it is apparent that the proposed amendment is only an attempt to get over the rejection of the earlier application for the production of document. The amendment can not be said to be bona fide. The fact which the petitioner wanted to bring on record was within his knowledge from the very beginning. There is no force in this petition.
(3.) THE writ petition is dismissed. A certified copy of this order may be supplied to the learned counsel within three days on payment of usual charges.;


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