1. The present writ petition has been filed by the petitioner-defendant-appellant under Article 227 of the Constitution of India, challenging the order dated 12.08.2013, passed by the Additional District Judge No.1, Ajmer (hereinafter referred to as “the appellate court”) in Civil Misc. Appeal No.138/2007, whereby the appellate court has dismissed the application of the petitioner-appellant seeking amendment of the written statement under Order VI Rule 17 of CPC, at the appellate stage.

2. The short facts giving rise to the present petition are that the respondent No.1-plaintiff had filed the suit against the petitioner-defendant seeking eviction in respect of the tenanted shop on the ground of bonafide requirement for his wife, non payment of rent and nuisance. The said suit was decreed by the trial court vide the judgment & decree dated 18.05.2007, against which the petitioner-appellant had preferred the appeal before the appellate court.

3. It appears that during the pendency of the appeal, the petitioner-appellant sought the amendment in the written statement for bringing on record subsequent events, contending interalia that the respondent had got the possession of