N.C. KOCHHAR, J—A suit filed by the plaintiff-respondent for ejectment of defendant-petitioner from the shop in dispute is pending in the court of the learned Munsiff, Ajmer. After framing the issues, the learned trial court has recorded the evidence of the parties and the case is fixed for hearing final arguments. Before the arguments could be heard, the defendant petitioner moved an application under Order 6 Rule 17 of the Code of Civil Procedure (the Code) stating that he had learned that the plaintiff had applied to the Municipal Council, Ajmer for permission to construct additional shops on the land adjacent to the shop in dispute and that the defendant wanted to amend his written statement so as to bring on record this subsequent event. He thus prayed that he be allowed to amend his written statement. The application was opposed by the plaintiff respondent who denied that any permission was asked for construction of additional shops as alleged. This reply is supported by an affidavit filed by the plaintiff. After hearing the learned counsel for the parties, the learned trial court vide the impugned order dated 13.9.1989 has dismissed the application of the defendant, who has

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