Nirmal Kumar vs Most. Shanti Devi - 2022 Supreme(Pat) 888

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Pat) 888

ANIL KUMAR SINHA
Nirmal Kumar – Appellant
Versus
Most. Shanti Devi – Respondent

Advocates:
For the Petitioners: Mr.Chandra Kant.
For the Respondents: M/s Ganpati Trivedi, Sr. Adv., Gautam Shah, Adv.

ORDER

Heard Mr. Chandrakant, learned counsel for the petitioners and Mr. Ganpati Trivedi, learned counsel appearing for the respondents.

2. The petitioners are the defendants and their eviction has been sought by the respondents-plaintiffs by filing the Title Suit No. 6 of 1996 on the ground of personal necessity as well as default in payment of rent.

3. The petitioners are aggrieved by the order dated 27.07.2018 passed by learned Civil Judge J.D. (Munsiff), Danapur by which the amendment to the written statement sought by the petitioners – tenant at the fag end of the suit has been dismissed holding that the proposed amendment is not related with the issue involved in the case because the present case has been filed for eviction of the tenant from the suit premises and the suit totally depends upon the relationship between landlord and tenant. Admittedly evidence of both the parties in the suit has come to end and the suit is fixed for argument. At the stage of argument of the suit, the petitioners filed a petition for amendment of the written statement to add certain portion of the judgment passed by the learned District Appellate Court in Title Appeal No. 16/2012 in order to establ

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