In the interest of justice, the court may allow the plaintiff to amend the plaint and proceed with the case afresh in the trial court.

1. - Mr. Gupta learned counsel for the plaintiff-respondent submits that in view of the facts and circumstances of the case, it would be in the interest of justice if the plaintiff is allowed to amend the plaint for taking the grounds as would now be required under the Rajasthan Premises (Control of Rent and Eviction) Act which has become applicable to the area where the suit property is situated and then proceed with the case afresh in trial court. This request appears to reasonable and just and in view of the facts and circumstances it would be in the interest of justice to allow it.

2. Consequently, it is not necessary to give in detail the facts of the case and the submissions made by Mr. Singhvi and the reply of Mr. Gupta.

3. All that is required to be mentioned is that both the learned counsel agree that the appeal should be accepted and the judgment of both the courts below be set aside and the case be remanded to the trial court for fresh decision after permission for amendment of the plaint and further proceeding by filing written statement framing of fresh issues, permitting both the parties to lead evidence and then decide the case according to law.

4. It is, therefore, ordered that the judgment and decree of both the lower courts are set aside and the appeal is accepted. The trial court would not permit the plaintiff to amend the plaint and then proceed with the suit afresh.

5. The parties would bear their own costs throughout.Appeal allowed.

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