( 1 ) THIS Civil Revision Application is directed against the decision refusing to grant amendment in written statement of the petitioner, who is the original appellant-defendant. Relevant facts giving rise to the petition may be stated thus :-

( 2 ) RESPONDENT herein is the original plantiff, who instituted a Regular Civil suit No. 127 of 1989 against the petitioner herein for recovery of possession of the suit property on the ground that the premises are reasonably and bona fide required by the landlord-plantiff. After the trial, the decres for possession was passed against the defendant-petitioner, by judgment and decree dated January, 30, 1990.

( 3 ) THE petitioner being aggrieved by the said eviction decree, preferred Civil appeal No. 23 of 1990 in the Court of the District Judge, Kheda. The petitioner submitted an application in the said appeal at Exh. 37, purporting to be under Order 6, Rule 17 of the Civil Procedure Code, seeking permission to amend the written statement, which was, at Exh. 10 in the suit. The petitioner proposed the written statement to be amended to the effect that the final plot No. 537 admeasuring 840 sq. metres along with 103 sq. metres of Fina