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2022 Supreme(Raj) 1335

ASHOK KUMAR GAUR
Rakesh Babu Jain – Appellant
Versus
Surendra Kumar Jain – Respondent


Advocates appeared:
Mr. Mohit Gupta, Advocate, for the Petitioner
Mr. Ajay Goyal, Advocate, for the Respondent

JUDGMENT

1. These two writ petitions have been filed by the petitioner-defendant challenging the order dated 11.03.2019, passed by the Rent Tribunal, Alwar, whereby, application filed by the petitioner under Order 6 Rule 17 CPC and under Order 8 Rule 1 CPC has been decided by a common order.

2. Learned counsel for the petitioner submitted that an application was filed before the Rent Tribunal, wherein, amendment was sought in the written statement/pleadings, as subsequent developments had taken place with respect to the averments made in the application filed by the respondent- landlord, requiring the premise for personal necessity.

3. Learned counsel for the petitioner submitted that the petitioner wanted to bring the relevant facts into notice of the Court, as the necessity which was claimed in the Eviction Petition, was no more existing.

4. Learned counsel submitted that the Court below has wrongly rejected both the prayers of the petitioner of making amendment in the pleadings and placing documents on record.

5. Learned counsel submitted that the very purpose of making amendment will be frustrated if the Courts will not permit the subsequent development to be brought on record by wa

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