- (1.) HEARD the learned counsel for the petitioners as well as the learned counsel for the respondent No.1.
(2.) PERUSED the papers. The present writ petition is filed under Article 227 of t4e Constitution of India for quashing the order dated 17.4.2012 passed in Eviction Suit No. 33 of 2004 by the learned Civil Judge (JD). Gumla whereby the application dated 19.3.2012 filed on behalf of the present petitioners (original defendants in the suit) under Order VIII. Rules 8 and 9 of the CPC praying therein to permit the petitioners to file additional written statement has been rejected.
(3.) THE learned counsel for the petitioners (original defendants) submitted that the application was submitted by the petitioners under Order VIII. Rules 8 and 9 of the Code of Civil Procedure as the subsequent development having concerned with the subject -matter of the suit came in light and knowledge to the present petitioners after filing the written statement in the matter. According to the learned counsel for the petitioner this fact for the first time came in light in the year 2007 and thereafter subsequent development having concerned with the subject -matter of the suit took place in the year 2012 also came in light and knowledge of the petitioner. Therefore the petition was made before the Court below with a request to permit them to submit additional affidavit. It is further submitted that the Court below has committed an error by reaching to the conclusion that the said suit was filed and confined under Section 14 of Jharkhand Buildings (Lease. Rent and Eviction Control) Act. 2000 (hereinafter to be referred as the Act. of 2000") and therefore it has no relevance with the subject -matter of the suit.;