Honble PANWAR, J—By the instant writ petition under Articles 226 and 227 of the Constitution of India, the order Annx. 6 dated 9.4.2008 passed by respondent No. 2 the Additional District Judge No. 3, Udaipur (for short, "the Appellate Court" hereinafter) to the extent of dismissing the application Annx. 3 filed by the petitioner under O.6 R. 17 CPC has been challenged.

(2). The facts and circumstances giving rise to the instant writ petition are that respondent No. 1, the plaintiff, filed a suit against the petitioner-defendant under the provisions of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (for short, "the Old Act" hereinafter) for eviction of the suit premises i.e. shop No. 13 situated at Ashwini Market, Udaipur and arrears of rent. The eviction was sought on the ground of reasonable and bona fide personal necessity of the respondent- plaintiff, the landlord. The petitioner-defendant, the tenant, contested the suit and ultimately the suit came to be decreed, against which the petitioner-defendant filed an appeal before the respondent No. 2, the Appellate Court. During pendency of the appeal, there had been subsequent change in the circumstances, by which, acc

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