RATNI DEVI Vs. MAHENDRA KUMAR JHA

JUDGEMENT

(1.) THE petitioner succeeded in a suit for ejectment before the first court on the ground of personal necessity. THE tenant filed apppeal. During the pendency of appeal before the Additional District Judge, the tenant filed an application for amendment of the written statement to plead that the personal necessity of the landlord has ceased. THE detailed facts how the personal necessity is ceased, is not relevant for consideration because that application was allowed and the tenant was allowed to file amended written statement. After the amended written statement was filed, the landlord sought an opportunity to file replication/rejoinder to controvert the allegations raised in the amended written statement. That opportunity has been declined by the Additional District Judge by the impugned order dated 16. 10. 92. This is landlord's Revision against that order.

(2.) ON a consideration of the matter I am of the view that the learned Additional District Judge erred in law and failed to exercise his jurisdiction in not allowing the opportunity to the landlord to file rejoinder/replication to the amended written statement. This was the bare minimum which the appellate court should have done.