- (1.) Aggrieved by order dated 16.04.2015 in Eviction Suit No. 14 of 2002 whereby, application dated 24.03.2015 under Order VI Rule 17 C.P.C. seeking amendment in the plaint has been allowed, the present writ petition has been filed.
(2.) The petitioner is the defendant in the eviction suit. The suit was filed on the ground of default and personal necessity of the plaintiff. The suit premises consist of pucca shop of two rooms assessed as Holding No. 6/A within Ward No. 2, Ramgarh Cantonment Board, Ramgarh. The suit was decreed on the ground of personal necessity. Challenging the judgment and order dated 06.07.2012 in Eviction Suit No. 14 of 2002, the petitioner preferred Title (Eviction) Suit No. 10 of 2012 which was allowed and the matter was remanded to the trial court under Order XLI Rule 25 C.P.C. for deciding the issue, "whether the plaintiff being the landlord of the suit premises is the owner of the building and has right to occupy the same on his own right". The Appellate Court held that though the trial court decided the issue in favour of the plaintiff on the ground of personal necessity however, it failed to record finding on partial eviction and therefore, the issue of partial eviction was required to be decided under Order XLI Rule 25 C.P.C. After remand, the plaintiff examined himself as P.W. 2 on 15.07.2014. He was crossexamined and discharged on 16.07.2014. Thereafter, the defendant examined four witnesses. The defendant's witness, D.W. 3 was recalled and further examined and crossexamined on 09.1.2015 and D.W. 4 was also recalled and crossexamined on 16.02.2015. The suit was fixed for hearing on 25.02.2015. Thereafter, it was adjourned for 10.03.2015 for arguments. The suit was again adjourned for 20.03.2015 for arguments. On behalf of the defendant, argument commenced and it was partly heard on 20.03.2015 when the matter was adjourned for 24.03.2015 for further arguments. At this stage, the plaintiff filed application dated 24.030.2015 under Order VI Rule 17 C.P.C. seeking amendment in the plaint which has been allowed by order dated 16.04.2015.
(3.) Heard the learned counsel for the parties and perused the documents on record.;