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2013 Supreme(Raj) 1821

VINEET KOTHARI
Jagdish Prasad etc. – Appellant
Versus
Prithviraj etc. – Respondent


Advocates:
For the Petitioners:R.R. Nagori, Sr. counsel assisted by Alkesh Agarwal Advocate.
For the Respondents:S.L. Jain, Advocate.

JUDGMENT

1. - The defendants - lessees have challenged the impugned orders dated.6.4.2013 of the learned trial Court of Civil Judge (Sr. Division), Suratgarh, Dist. Sri Ganganagar in the eviction suits filed by the respondents - plaintiffs - Prithvi Raj and anr. on the basis of notice under Section 106 of the Transfer of Properties Act on 9.4.2005 terminating the lease.

2. The learned trial Court by the impugned orders dated .6.4.2013 has rejected the application for amendment of the written statement as well as the application for taking the notice dated .22.8.2006 on record holding that the said eviction suit was at the final stage of arguments and evidence of both the parties had been concluded and at this stage, seeking amendment of the written statement on the ground that the plaintiffs had served another notice on the defendants - lessees on 22.8.2006 after the written statement had been filed by the defendants - petitioners in the said suit on 2.1.2006, therefore, the first notice under section 106 of the Transfer of Property act dated .9.4.2005 stood waived was not required to be taken on record.

3. Mr. R.R. Nagori, Sr. Counsel, assisted by Mr. Alkesh Agarwal vehemently submi








































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