S.N.JHA, J. - (1.) THIS special appeal is directed against the order of the learned Single Judge dated 1.8.2005 in S.B. Civil Writ Petition No. 2603/2004 dismissing the writ petition of the appellant. The appellant had filed the writ petition challenging the order dated 13.4.2004 by which the trial Court rejected his application for amendment of the written statement and permission to file document.
(2.) FACTS of the case so far as relevant do disposal of this appeal are that respondent No. 1-plaint filed suit against the appellant for eviction on grounds of personal necessary and default/arrears of rent. Case of the appellant as regards the plea of personal necessity is that during pendency of the suit on 21.5.2003 the respondent obtained vacant possession of another shop and the ground of personal necessity, therefore, is no more available to him. The plaintiff in course of his evidence denied having obtained possession of another shop. The appellant thereafter obtained copies of the relevant orders showing delivery of possession of the other shop to the respondent and filed applications for amendment of the written statement and taking said documents on record in terms of Order 8 Rule 1(3) of the Code of Civil Procedure. The applications were rejected the appellant filed the connected writ petition. The writ petition having been dismissed he has come to Division Bench in special appeal. After hearing counsel for the parties we are of the view that the ends ofjustice would be served by directing the trial Court to take documents regarding the respondent obtaining possession of the other shop. As regards amendment of the written statement, it is true that amendment can be allowed at any stage if the Court is satisfied that it will help in determining the real question in controversy. It is also true that subsequent events may be taken into consideration at any stage of the proceeding. We do not wish to make any comment on the relevance and possible effects of the subsequent event in the instant case. That is a matter to be considered by the trial Court in the suit. But as observed in Ramesh Kumar v. Kesho Ram, 1992(1) R.C.R.(Rent) 370 : AIR 1992 SC 700 to which reference was made on behalf of the respondent, the normal rule is that rights and obligations of the parties are to be adjudicated as they exist at the commencement of the lis, but where subsequent events of fact or law have material bearing on the entitlement of the parties to relief, the Court is not precluded from taking cognizance of the subsequent events to mould the relief. Reference may also be made to the provisions of Order 7 Rule 7 of the Civil Procedure Code.
(3.) COUNSEL for the respondent submitted that the suit was instituted in the year 1987 and if the application for amendment of the written statement is allowed it may cause prejudice to the respondent as it may give rise to chain of consequences. The desired purpose can be served by permitting the party to file affidavit as provided under Order 19 Rule 1, CPC as held in Ramesh Kumar v. Kesho Ram (supra). He referred to the following observations in the judgment : "When subsequent events are pleaded in the course of an appeal or proceeding of revision, the Court may, having regard to the nature of the allegations of fact on which the plea is based permit evidence to be adduced by means of affidavits as envisaged in Rule 1 of Order 19, CPC. The Court may also treat any affidavit filed in support of the pleadings itself as one under the said provision and call upon the opposite side to traverse it. The Court, if it finds that having regard to the nature of the allegations, it is necessary to record oral evidence tested by oral cross-examination, may have recourse to that procedure. It may record the evidence itself or remit the matter for an enquiry and evidence. All these depend upon the factual and situational differences characterising a particular case and the nature of the plea raised. There can be no hard and fast rule governing the matter. The procedure is not to be burdened with technicalities." ;