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2001 Supreme(Raj) 241

SHIV KUMAR SHARMA
Hakim Chand – Appellant
Versus
Raj Mal – Respondent


Advocates Appeared:
B.L. Mandhana, for Petitioners P.S. Asopa, Sr. Advocate with Miss Ashish Joshi, for Respondent

Honble SHARMA, J.–Matter was heard finally with the consent of the parties. In the instant revision petition the defendant petitioners seek to challenge the order dated October 31, 2000 of the learned Additional District Judge Baran whereby the application moved under Order 6 Rule 17 CPC by the plaintiff respondent seeking amendment of plaint was allowed. The parties hereinafter shall be referred in the same manner as they were arrayed in the plaint.

(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

















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