JUDGMENT

Mahendar Kumar Goyal, J. - This writ petition under article 227 of the Constitution of India has been filed assailing the legality and validity of the order dated 01.012.2021 passed by the learned additional District Judge, No.1, ajmer in Civil First appeal No.33/2017 whereby an application filed by the petitioner-appellant (tenant) under Order 6 Rule 17 read with Section 151 C.P.C. seeking amendment in the written statement, has been dismissed.

2. The facts in brief are that predecessor-in-interest of the respondents-plaintiffs Smt. Chand Bai filed a suit for eviction against the petitioner-defendant on the grounds inter-alia reasonable and bonafide necessity of the subject shop for her grandsons Saurabh and Sandeep. The aforesaid suit was decreed by the learned trial court vide its judgment dated 25.08.2006. During pendency of the civil first appeal, the petitioner filed an application dated 15.09.2021 under Order 6 Rule 17 read with Section 151 C.P.C. seeking amendment in the written statement incorporating two subsequent events, i.e., acquisition of alternative accommodation and sale of one shop during pendency of the appeal. The application has been dismissed by the lea