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2009 Supreme(All) 3633

SHISHIR KUMAR
Genda Lal Alias Gaya – Appellant
Versus
Ram Gopal – Respondent


Advocates appeared:
Om Prakash Mishra,K. Ajit

JUDGMENT

Hon'ble Shishir Kumar,J.

Heard Sri K. Ajit, learned counsel for the petitioner.

2. This writ petition has been filed against an order by which the application for amendment in the written statement filed by the petitioner who was a defendant in the suit has been rejected by the order impugned. The petitioner submits that a suit was filed against the petitioner for arrears of rent and ejectment. The defence of the petitioner was struck of and during the pendency of the suit, the property in question was sold to a third person who was not impleaded as a party to the suit. But the suit was decreed exparte and when the petitioner came to know regarding the aforesaid fact, he filed a revision before the revisional court and made an application under Order VI Rule 17 read with Section 151 C.P.C. that plaintiff-respondent Ram Gopal Sahu has sold the disputed property to one Naresh Kumar Sahu on 25.4.2006, therefore, this fact should be incorporated in the written statement in paras 22, 23, 24 and 25 but the revisional court has rejected the application by the order impugned holding therein that as the petitioner's defence has already been struck of, therefore, the amendment appli




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