- (1.) The present petition has been filed by the petitioner-defendant challenging the order dated 13.10.08 passed by the Civil Judge (JD) & Judicial Magistrate, Bandikui, District Dausa (hereinafter referred to as 'the trial court') in Civil Suit No. 10/97, whereby the trial court has dismissed the application of the petitioner-defendant seeking amendment in the written statement under Order VI Rule 17 of CPC.
(2.) It appears that the original plaintiff Ramgopal (now deceased) had filed the suit seeking eviction of the suit shop against the petitioner-defendant on the ground of bonafide requirement of the said shop for his son Ved Prakash and on the ground that the petitioner-defendant had sublet the suit premises. During the pendency of the suit, the original plaitniff Ramgopal had expired and his legal representatives, who are the respondent Nos. 2.1 to 2.8 in the present petition, have been brought on record. It appears that after the evidence of the plaintiff was over, the petitioner-defendant filed an application seeking amendment in the written statement for bringing subsequent events on record to the effect that the respondents-plaintiffs had got the possession of another shop on 26.10.07 under the decree of a court through Nazir, and the said shop was vacant and available to them. The said application was resisted by the respondent No. 2.1 Chandra Shekhar stating interalia that the said shop was given to him pursuant to the decree passed in another suit against the another tenant, for his business purpose, and the said shop was situated at a distance of about 250-300 feet from the disputed shop. The trial court dismissed the said appication of the petitioner by the impugned order against which the present petition has been filed.
(3.) It is sought to be submitted by the learned counsel Ms. Sangeeta Sharma for the petitioner that pending the suit the respondents had got the vacant possession of another shop and that was also suitable to the respondents for expanding their business, and the said subsequent event was required to be brought on record.;