Anil Kumar, J. –

Heard Shri U.C. Saxena, learned counsel for the petitioner and perused the record.

2. Facts in brief of the present case are that opposite party/Shri Vijay Narayan Seth filed an application for release under Section 21 (1) (a) of U.P. Act No.13 of 1972 registered as Rent Eviction Case No.3 of 2013. In the said matter, petitioner filed his written statement.

3. On 24.07.2015, petitioner filed amendment application under Order 6, Rule 17 CPC, rejected by order dated 21.09.2015 passed by the Prescribed Authority.

4. In view of the above said factual background, the present writ petition has been filed.

5. Learned counsel for the petitioner submits that the plea which petitioner wants to take by way of amendment is only came into his knowledge in the month of July, 2015 and an application for amendment was moved on 24.07.2015, as such, there is no justification or reason on the part of the opposite party no.1 thereby rejecting the amendment application. Accordingly, the impugned order under challenged in the present case is liable to be set aside.

6. I have heard learned counsel for the petitioner and perused the record.

7. From the perusal of the record, the positio