Honble ASOPA, J. – That by this writ petition the petitioner has challenged the order dated 15.4.2005 passed by District Judge, Tonk, whereby two applications filed by the petitioner during the pendency of the first appeal one under Order 6 Rule 17 read with Section 151 C.P.C. dated 19.10.01 for amendment of written statement and another under Order 41 Rule 27 C.P.C. dated 17.1.2002, for taking subsequent events on record were dismissed.

(2). Briefly stated the relevant facts of the case are that a decree of eviction was passed on 16.9.1994 against the petitioner-appellant in a civil suit for eviction filed by the respondent plaintiff on the ground of reasonable and bonafide necessity. Against the said judgment and decree, the petitioner filed an appeal before the District Judge, Tonk.

(3). During the pendency of the appeal the petitioner filed one application on 19.10.01 under Order 6 Rule 17 for amendment in the written statement on the ground that in the civil suit decree of the disputed shop dated 16.9.94 was passed on the ground of necessity of Gauri Shanker, who has opened a Shop No. F-4 in New Mandi Yard, Newai on 24.11.1994. Therefore, the necessity of the plaintiffs stand sa

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