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2021 Supreme(All) 1275

ROHIT RANJAN AGARWAL
Amit Gupta – Appellant
Versus
Gulab Chandra Kanodia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rohan Gupta.
For the Respondent: Saurabh Srivastava.

JUDGMENT :

ROHIT RANJAN AGARWAL, J.

1. Heard Sri. Rohan Gupta, learned counsel for the revisionist and Sri. Saurabh Srivastava, learned counsel for plaintiff-respondent.

2. This revision under Section 25 of Provincial Small Cause Courts Act, 1887 arises out of order dated 19.10.2021 passed by Additional District and Sessions Judge, Court No. 7, Kanpur Nagar dismissing the amendment application of the defendant-revisionist in S.C.C. Suit No. 132 of 2009 under Order VI, Rule 17 C.P.C.

3. Facts in nutshell, are that plaintiff-respondent filed a suit for arrears of rent and ejectment in the court of District Judge, Kanpur Nagar being Suit No. 132 of 2009. It was averred that plaintiff was the owner and landlord of Premises No. 32/17, Express Road, Kanpur Nagar, and basement and ground floor of the said premises was let out to defendant-revisionist at monthly rent of Rs. 10,000/- which included Rs. 5,000/- as rent and Rs. 5,000/- towards maintenance charges, since 01.08.2005.

4. As default was committed by defendant in payment of rent, the said suit was filed. Defendant-revisionist contested the aforesaid suit by filing written statement on 31.07.2010, wherein in Para 3 of written statement

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