- (1.) INSTANT petition has been filed at the behest of defendant (tenant) assailing order dt. 28/04/09 (Ann. 5) whereby the application moved U/o 6 R. 17, CPC seeking amendment in written statement in Org. Appl. 580/06 after closure of the evidence of plaintiff was rejected by Rent Tribunal (Addl. Civil Judge no. 5) Jaipur on the premise that what has been prayed for in the application seeking amendment was within their knowledge at the time of filing written statement and taken note of by defendant during cross examination of plaintiff's evidence; hence there is no justification for defendant petitioner particularly when two opportunities were earlier granted to lead evidence and thereafter, application was filed on 26/02/09 which was got rejected as not pressed on 27/02/09, when instant application seeking amendment has been filed U/o 6, R. 17, CPC.
(2.) AS alleged, Plaintiff-respondent No. 2 filed suit for eviction U/s 9 (a) of Rajasthan rent Control Act, 2001 (Rent Act) on the ground of default and the defendant filed their written statement. After evidence of plaintiff was recorded and at the stage while the defendant had to lead evidence, twice time was sought and when failed to lead evidence, filed application seeking further opportunity which was not pressed and withdrawn on 27/02/09, on that day, filed instant application seeking amendment in written statement, which was rejected vide order impugned.
(3.) COUNSEL for petitioner vehemently submits that the documents on which defendant seeks to place reliance have been concealed by plaintiff and pleadings whereof in written statement by way of amendment in no manner are not going to prolong or delay pending trial; in such circumstances, Rent Tribunal has committed an error in rejecting application for amendment in written statement.;