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1982 Supreme(Bom) 216

C.S.DHARMADHIKARI, S.P.KURDUKAR
Sukhdev Prasad Raghubir – Appellant
Versus
Rambhujarat Kshampati alias Rambhujarat Chhampati – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---The petitioner-original plaintiff has filed this writ petition challenging the order passed by the Bench of the Court of small Causes at Bombay dated 11th of June, 1981 holding that the revision application under section 29(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Act) was not maintainable against an order refusing permission to amend the plaint. The present suit was filed by the petitioner-landlord for the eviction of the tenant-respondent. It appears that during the pendency of the suit, amendment of the written statement was permitted on 10th of September, 1975. Thereafter, the plaintiff filed an application proposing to amend the plaint by adding para 6-A raising the ground that the eviction could also be ordered since the defendant-tenant has denied his title. Since the said amendment application came to be rejected, the plaintiff was debarred from raising this additional ground in the present suit. Against the said order, the plaintiff petitioner filed a revision petition before the Bench of the Court of Small Causes under section 29(3) of the Act which as already observed was










































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