SHIV KUMAR SHARMA
Hakim Chand – Appellant
Versus
Raj Mal – Respondent
(2). Contextual facts depict that the plaintiff land lord during the pendency of suit for eviction moved an application u/O. 6 Rule 17 CPC. on August 9, 2000 with the averments that rent from November 7, 1999 to August 6, 2000 was not paid by the defendant tenants, therefore this ground of default in making payment of rent may be allowed to be added in the plaint. The defendants did not file reply to the application and opposed it orally. Learned court below allowed the application as indicated hereinabove.
(3). Mr. B.L. Mandhana, learned counsel for the defendant petitioners canvassed that lis is fought on the cause of action which existed at the time of filing of the suit. As the default was allegedly made much after the filing of the
8. V. Dhanpal Chettiar vs. Yeshodai Ammal (AIR 1979 SC 1745)
10. Ram Das vs. Ishwar Chander (1988 (3) SCC 131)
2. Ashok Kumar vs. Suresh Chand (1994 (1) RLR 685 = 1996(1) RLW 380)
3. Udai Ram vs. Smt. Ladi Bai (RLW 1997 (1) 508).–Relied on.
5. Rajeshwar Dayal vs. Padam Kumar Kothari (1969 RLW 546)
7. Lallu Narain vs. Ratan Chand Lunia (1989 (1) RLR 475)
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