DINESH MEHTA,J. - (1.) By way of the present writ petition, the petitioner has laid a challenge to an order dated 23.02.2017 passed by the learned Civil Judge (Junior Division), Merta City, Nagaur (hereinafter referred to as the 'Trial Court'), whereby the learned Trial Court has partly allowed the petitioner's application under Order 14, Rule 5 of the Code of Civil Procedure.
(2.) The facts appertain to the present writ petition are that the original plaintiffVinod Kumar had filed a suit for recovery of arrears of rent, mesne profits and possession of the suit premises. In response to the suit so filed, the defendants filed a written statement and disputed all the allegations and averments made in the plaint.
(3.) During the pendency of the suit, the petitioner No.2Om Prakash moved an application for being impleaded, as a plaintiff, which application came to be allowed and he was arrayed, as plaintiff No.2. Thereafter, he moved an application under Order 6, Rule 17 of the Code of Civil Procedure seeking amendment in the plaint, which came to be allowed by the learned Trial Court, vide its order dated 12.09.2013. As a result of the said order dated 12.09.2013, two facts and pleadings in relation to subletting of the property and mesne profits to the tune of Rs. 4,000/- per month were permitted to be incorporated in the plaint.;