IMPORTANT POINT
Amendments to written statements must not cause severe prejudice to the opposing party, especially when sought after a party's death.

JUDGMENT :

Sandeep V. Marne, J.

1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken for final hearing and disposal.

2. The Petitioners have filed this Petition challenging order dated 13 December 2023 passed by the Appellate Bench of the Small Causes Court by which Revision Application No. 82 of 2021 filed by original Defendant No.1 has been allowed and the application for amendment of written statement at Exhibit 80 is allowed by imposition of costs of Rs.5,000/-. The Appellate Bench has set aside order dated 9 March 2021 passed by the learned Single Judge of the Small Causes Court, which had rejected the application for amendment at Exhibit-80.

3. The Plaintiff has instituted R.A.E. & R. Suit No.789/1251 of 2003 seeking recovery of possession of the suit property inter alia on the ground of arrears of rent. The Defendant has contested the Suit by filing his written statement. It appears that the plaint has been amended on three occasions resulting in filing of additional written statements by Defendant No.1. It appears that Plaintiff No.1 passed away during the process of according of his deposition in the year 2015 and his legal representatives are now in the process of leading evidence in support of their claim. At this stage when legal representatives of the original Plaintiff were in the process of leading their evidence that the Defendant No.1 sought to confront Plaintiff’s witness with letter dated 13 October 2002 and upon the Trial Court not permitting such confrontation on account of absence of pleadings about the said letter, Defendant No.1 was advised to file application at Exhibit-80 for amendment of written statement to bring on record pleadings about said letter dated 13 October 2002. The Trial Court rejected the application at Exhibit-80. The Appellate Bench has set aside the order of the Trial Court and has allowed the application for amendment of the written statement at Exhibit-80 by its order dated 13 December 2023, which is subject matter of challenge in the present Petition.

4. I have heard Mr. Vyas, the learned counsel appearing for the Petitioners and Mr. Master, the learned counsel appearing for the Respondent No.1/Defendant No.1.

5. After having considered the submissions canvassed by the learned counsel for the respective parties, it is seen that the Suit seeking recovery of possession of the suit premises from Defendants is pending for the last 21 long years. No doubt the Plaint has been amended thrice by virtue of orders dated 14 March 2016, 30 August 2016 and 31 January 2018 and the Defendant No.1 filed two additional written statements. One such amendment to the plaint, was necessitated on account of death of original Plaintiff and for bringing on record his legal representatives. What is material to be noted in the present case is that the original Plaintiff had led evidence and was in the witness box when his death occurred in the year 2015. Now Defendant No.1 has brought into existence document dated 13 October 2002, which is alleged to have been signed by the original Plaintiff. Same is shown to have been written in connection with certain financial transactions between the parties. Relying on the said letter dated 13 October 2002, it is now the case of Defendant No.1 that original Plaintiff had borrowed certain amounts from Defendant No.1 on account of which Defendant No.1 was not liable to pay rent to original Plaintiff. Thus, the letter dated 13 October 2002 is now sought to be relied upon with a view to defeat the ground of default in payment of rent as well as to explain the conduct of the Defendants in not depositing the amount of rent as per Section 15 (3) of the Maharashtra Rent Control Act, 1999 (the MRC Act).

6. Ordinarily, the principles governing amendment of plaint and amendment of written statement being different, Defendants can be permitted to amend the written statement as it is permissible for Defendan