Prakash Krishna, J. - (1.) HAVING heard learned Counsel for the appellant I do not find it is a fit case to exercise revisional jurisdiction under section 25 of Provincial Small Causes Court Act. The plaintiff -opposite -party has instituted a suit for eviction of tenant being SCC Suit No. 9 of 2003 on the ground of substantial addition and alteration in the tenanted building. After exchange of pleadings and recording of evidence, the present application for amendment in the written statement was filed by the present applicant to add paragraph 7 -A in the written statement to the effect that the construction which are standing on Sahan land is not part of tenanted accommodation. The said amendment application has been rejected by the Court below on the ground that the defendants were aware about the fact that the construction standing on Sahan land is or is not part of the tenanted accommodation. The Court below has rejected the amendment application on the ground that the same is mala fide and the defendant now wants to question the jurisdiction of Judge Small Causes Court. The suit is pending before Small Causes Court. If the proposed amendment is allowed to be added in the written statement it would take away jurisdiction of Judge Small Causes Court. In view of the findings recorded by the Court below that the present amendment application is malafide, it is not a fit case for interference in exercise of power under section 25 of Provincial Small Causes Courts Act. Apart from above Sri Jain learned Counsel for the respondents pointed out that in the case of Ashok Chand Srivastava v. Master Ashish Kumar @ Banti and others,, 2004 (96) RD 591 it has been held that in view of the Order VI, Rule 17 of the Code of Civil Procedure as amended in the year 2002, the proviso puts a restriction regarding the stage when the amendment can be brought into the pleadings. Indisputably, the case is fixed for hearing and the evidence of the parties has commenced.
(2.) IN view of the above there is no merit in the revision. The revision is dismissed summarily.;