R.P. Sondurbaldota, J.

1. The question that falls for consideration of the court in this petition is of interpretation of Order VI, Rule 17 Code of Civil Procedure. The respondent, is the original plaintiff, who has filed suit in the Court of Small Causes, inter alia, for recovery of possession of the suit property from the petitioner. He had, filed an application for amendment of the plaint, which was allowed by the order dtd. 16th December, 2013. Being aggrieved by the order, the petitioner has invoked the extraordinary jurisdiction of this court under Articles 226 and 227 of the Constitution of India.

2. The case set out by the respondent in his eviction suit is that he is the owner of the building known as "Mujibur Rehman & Brother Building" and the petitioner is the tenant in respect of the open space, admeasuring about 4,000 sq. ft., situate in the compound of the building from where the petitioner is running a factory under the name and style as "K.T. Kubal & Co.". The monthly rent for the open space is Rs.813.50. The petitioner is also monthly tenant in respect of three shops in the building in respect of which, there is a separate rent receipt. The ground of eviction