( 1 ) THE petitioner before this Court is the defendant of H. R. P. Suit No. 3888 of 1977 which is instituted in the Court of Small Causes at Ahmedabad by the respondent-plaintiff seeking his eviction on the ground of non-payment of rent as well as on the ground of acquition of suitable residential accommodation by the tenant after coming into force of the Bombay Rents, Hotel and Lodging House rates Control Act. The suit was filed by one Vasumatiben Maganlal Manani as plaintiff through her Power of Attorneyholder - Rajabhai Manani, and it appears that Vakalat Patra as well as the plaint of the suit were signed by the Power of attorneyholder on behalf of Vasumatiben Manani.

( 2 ) THE defendant resisted the suit by filing written statement. Issues were, thereafter, framed by the trial Court and the evidence of the plaintiff was recorded. The plaintiff, thereafter, gave purshis of closure of evidence on 13-4-1982 and the oral evidence of the defendant was also recorded and the suit was adjourned for arguments. Thereafter, on 10th June, 1982 the defedant moved an application to amend the written statement inter alia to introduce the defence that the plaint was not properl