Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioner aggrieved against the order dated 3.5.2014 passed by the Appellate Court, whereby the application filed by the petitioner under Order 6, Rule 17 CPC seeking amendment in the written statement has been dismissed.
(2.) The respondent-Sosar Bai/LRs of Sosar Bai filed a suit for eviction and arrears of rent against Ratan Lal/petitioners. The suit was decreed by the judgment and decree dated 28.4.2004.
(3.) During the pendency of the appeal, the petitioner filed an application under Order 6, Rule 17 CPC seeking amendment in the written statement, inter-alia, with the averments that the suit was filed by Smt. Sosar Bai for the bona fide requirement of her sons Rameshwar Lal and Badri Lal, which was disputed by the petitioners; Ratan Lal had died on 5.5.2011 and during his life time, he had filed a suit for partition against his brother Badri Lal; Rameshwar Lal is not survived by any son and on account of the subsequent developments, the requirement of the plaintiff has eclipsed and therefore, the petitioner may be permitted to amend the written statement.;