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2014 Supreme(Raj) 553

ARUN BHANSALI
Shanker Lal – Appellant
Versus
Dharmendra Khatri – Respondent


Advocates Appeared
Shanker Lal, for Petitioners;
Manish Patel, for Respondents

Hon'ble BHANSALI, J.—This writ petition under Article 226 and 227 of the Constitution of India has been filed by the petitioners questioning the validity of order dated 25.02.2014 passed by the Rent Tribunal, whereby, the application filed by the petitioners under Order VI, Rule 17 CPC seeking amendment in the written statement has been rejected.

2. The respondent landlord filed petition seeking possession of the premises based on bona fide requirement.

3. During the course of cross-examination of PW-1 – Dharmendra Khatri, the fact about his filing income tax returns was accepted by him; whereafter on an application made by the petitioners, the income tax returns were produced by said PW-1, regarding which, he was confronted/cross-examined by the petitioners.

4. The application seeking amendment was filed to bring the said facts, which were disclosed during the course of cross-examination, on record as part of the written statement; the prayer was resisted by the landlord.

5. The Tribunal by its impugned order rejected the application, inter alia, observing as under:-

^^vizkFkhZ dh vksj ls vius tokc esa ;g la'kks/ku pkgk gS fd oks izkFkhZ i{k dh ftjg esa u;s dqN rF; vk;s gSaA ysfdu esj








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