JUDGMENT

Alka Sarin, J. (Oral) - The present revision petition under Article 227 of the Constitution of India has been filed challenging order dated 08.07.2016 passed by the Civil Judge (Sr. Division), UT Chandigarh vide which the application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) for amendment of the written statement filed by the defendant- petitioner no.1 has been dismissed.

2. The brief facts relevant to the present lis are that the plaintiff- respondent herein filed a suit for mandatory injunction for directing the defendants to hand over vacant possession of the first floor of Shop No.28/A/28/1, Village Burail, UT Chandigarh. It was averred in the plaint that the defendant-petitioner no.1 was running a business in the name and style of M/s Galaxy Health Club since April 2003. It was also averred that the plaintiff-respondent had earlier filed a rent petition and in the said rent petition the defendant-petitioner no.1 took a categoric plea that there is no relationship of landlord and tenant between the parties and that the possession was permissive. The plaintiff-respondent withdrew the said rent petition on 19.07.2011 and thereafter the present suit w