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1968 Supreme(Raj) 180

JAGAT NARAYAN
Rajeshwar Dayal – Appellant
Versus
Padam Kumar Kothari – Respondent


Advocates Appeared:
D.P. Gupta and H.C. Rastogi, for Petitioner in Civil Revision No. 469/61 and for the respondent in Civil Revision No. 152/68; N.M. Kasliwal, for Respondent in Civil Revision No. 469 of 1967; Hastimal, for Petitioner in Civil Revision No. 152 of 1958

JAGAT NARAYAN, J.—In these two revision applications the question which arises for consideration is whether the court committed a material irregularity within the meaning of sec. 115(c) in allowing an amendment of the plaint long after the institution of the suit so as to include a cause of action which had not accrued to the plaintiff on the date of the institution of the suits.

2. Civil Revision No. 469 of 1967 arises out of a suit for eviction filed by the plaintiff on 24-1-66 on the ground of sub-letting and personal necessity. On 3-4-67 the plaintiff moved an application for amendment of the plaint so as to include another ground for eviction which was not available to him when the suit was filed. The tenancy of the defendant is a monthly one commencing from the 25th of the English calendar month. In his amendment application the plaintiff alleged that the defendant had paid rent upto 24-11-65, but neither paid nor tendered it thereafter so that on 25-5-66 i.e., after the institution of the present suit he has become entitled to evict the defendant on the ground set forth in sec. 13(l)(a) of the Rajasthan Premises (Control of Rent and Eviction Act 1950 as amended by Act No. 12
























































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