- (1.) Present application has been filed under Order XLVII Rule 1 CPC seeking review of the judgment pronounced on 23 rd December, 2011, whereby a bunch of regular second appeals was decided. The main thrust of the counsel seeking review is that an application bearing Civil Misc. No.40-C of 2010, which was filed to amend the written statement, has not been decided by the Hon'ble Court but the main appeal has been disposed of. The amendment was sought to incorporate the following plea: "1. That vide Notification dated 02.03.2000, the Gram Panchayat was constituted within the area of Town Sadhaura, where the shop in dispute is located. However, the Haryana Government, vide Notification No.18/3/2006-3CI dated 28.03.2006, had reconstituted the Municipal Committee in Town Sadhaura. Hence, the provisions of Haryana Urban (Control of Rent and Eviction) Act, 1973 are applicable and cause of action, if any, accrued in favour of the plaintiff on the strength of Notification dated 02.03.2000 vanished and no Decree can be passed on the basis of the notice issued under Section 106 of the Transfer of Property Act or on account of the institution of the suit."
(2.) Learned senior counsel has submitted that by not considering the application for amendment of the written statement filed to the suit, following three vital arguments have escaped attention of this Court: (1) That the writ petition, assailing the notification dated 28.2.2007 regarding abolition of Municipal Committee, Sadhaura by the State Government was pending adjudication; (2) That application for amendment of the written statement was not decided; and (3) Thirdly and lastly the cause of notification dated 2.3.2000 stood extinguished on the date of notification dated 28.3.2006 and hence the landlord had to file a fresh suit after issuance of notification dated 28.2.2007.
(3.) The submissions made by learned senior counsel are not tenable, as a perusal of the judgment dated 23 rd December, 2011 demonstrates that in fact all the above arguments had been comprehensively dealt with. But only a formal order of disposing of the amendment application remained to be passed. Thus, while deciding the present application for review, the application seeking amendment of the written statement to the suit also deserves dismissal. However, to allay the any kind of misconception, it will be apposite to quote from the judgment and otherwise from the various orders passed to show as to how the pleas raised and arguments advanced had been dealt with.;