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1998 Supreme(Raj) 214

SHIV KUMAR SHARMA
State of Rajasthan – Appellant
Versus
Mohammed Ikbal – Respondent


Advocates Appeared:
R.L. Jangid, for Petitioners N.P Gupta, for the Non-petitioners

Honble SHARMA, J.–Instant revision impugns, the order dated October 14, 1997, of the learned Additional Civil Judge (Senior Division) cum Additional Chief Judicial Magistrate No.3, Udaipur. whereby the application under Order 8 Rule 9 CPC submitted by the plaintiff-petitioners (for short the plaintiffs) was allowed and rejoinder submitted by them was taken on record.

(2). A brief resume of the facts is that Akbar Ali instituted a suit for eviction against the defendant-non-petitioners (for short the defendants) on November 23, 1982. Thereafter Akbar Ali sold the property. The applicants purchaser moved application under Order 22 Rule 10 read with Order 1 Rule 10 CPC. It was allowed by the learned trial court. Thereafter the plaint was amended adding ground of bonafide need. The suit of the plaintiffs was decreed by the learned trial court on November 24, 1995. The defendants State of Rajasthan and another filed appeal before the appellate court. The defendants moved an application under Order Rule 17 CPC, for amending the written statement. The learned appellate court on March 8, 1995 allowed the application permitting the defendants to amend their written statement. Cost of Rs.500/
















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