- (1.) Heard the learned counsel for the parties. The petitioners, by way of filing this petition under Article 227 of the Constitution of India, have prayed for quashing the order dated 25.1.2012 passed in Title Appeal No. 120/10 by the learned Addl. Judicial Commissioner-IV, Ranchi, whereby the learned court below has been pleased to reject the amendment application filed by the petitioners under Order VI Rule 17 of the Code of Civil Procedure.
(2.) The brief facts of the case are as under; The petitioners are running a shop in the name and style of New Bihar Medical Store (Agencies), situated at Kutchery Road, Ranchi and the respondent is alleged land owner of the said shop premises. The respondent filed an eviction suit, being Eviction Title Suit No. 7 of 2003 in the court of learned Addl. Munsif-I, Ranchi seeking eviction of the petitioners from the suit premises. The petitioners appeared in the aforesaid suit and denied the claim of the respondent. The learned court below after framing the requisite issue decided the suit against the present petitioners. The petitioners being aggrieved by the said decision, preferred a title appeal, being Title Appeal No. 120 of 2010 in the court of learned Judicial Commissioner, Ranchi and during the pendency of the appeal the petitioners filed an application under Order VI, Rule 17 of the Code of Civil Procedure, seeking amendment of the written statement filed in the suit but learned court below after taking into consideration the reply filed by the respondent vide its order dated 25.1.2012 has rejected the application filed by the petitioners for amendment under Order VI Rule 17 of the Code of Civil Procedure.
(3.) Learned counsel for the petitioner by referring Annexure 3 i.e. amendment application submitted before the learned court below pointed out that the petitioner requested the court below to allow the amendment by inserting para 13A in the written statement filed in the suit which reads as under;- 13A.- That the plaintiff has only few days back i.e. in the last week of June, 2011 started renovating and installing fixtures and furnitures in a very big room adjacent to the suit premises for doing business as claimed in the suit. The said premises is most suitable and convenient for the plaintiff to conduct business as claimed in the suit.;