Manoj Misra, J. –

By a separate order passed today on the delay condonation application the delay in filing the revision has been condoned and the office has been directed to assign a regular number to this revision.

2. Heard Sri Abhijeet Saxena holding brief of Sri A.K. Saxena for the revisionists.

3. The instant revision has been filed against the order dated 25.01.2016 passed by the Judge, Small Cause Court/Fourth Additional District Judge, Muzaffar Nagar by which the application of the defendant-revisionists seeking amendment in the written statement for adding certain paragraphs in the written statement to take a plea that the suit was not maintainable at the instance of the plaintiff because the tenancy was granted by an H.U.F. of which the plaintiff was a Karta whereas the suit had been instituted by the plaintiff in his personal capacity and not as a Karta of an H.U.F. The amendment application has been rejected primarily on two grounds.

4. The first ground that has been taken is that the amendment is barred by the proviso to Order 6, Rule 17 CPC as inserted by Act No. 22 of 2002 with effect from 01.07.2002, which provides that no application for amendment shall be all