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2005 Supreme(MP) 1212

K.K.LAHOTI
RAM VISHAL ALIAS VISHALI KACHHAWAHA – Appellant
Versus
DWARKA PRASAD JALSWAL – Respondent


Advocates Appeared:
A.K.JAIN, M.L.JAISWAL, Manoj Kushawaha

( 1 ) THE petitioner has challenged order dated 24/8/2005 passed by Second civil Judge, Class-II, Katni in Civil Original suit No. 12-A/2000, by which petitioner's prayer for recalling the plaintiff for crossexamination in consequence of amendment in the pleadings and another application for sending for the records from the office of municipal Corporation in respect of assessment of Property Tax has been rejected.

( 2 ) THE case of the petitioner is that a suit for eviction has been filed by the respondent against the petitioner in respect of residential accommodation. After closure of evidence an application for amendment was filed by the petitioner on 18/7/2005 in which the petitioner sought amendment of written statement stating that three civil suits were filed by the plaintiff in respect of his bona fide necessity. Those suits were decided by compromise and the accommodation involved in the aforesaid suit has come into the possession of the plaintiff and there is no bona fide necessity to the plaintiff in respect of suit accommodation. This amendment was allowed by the trial Court.

( 3 ) ON 18/7/2005, the plaintiff moved an application seeking amendment in the plaint in which














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