Tej Shankar, J.

1. The plaintiff has preferred this revision petition against the order dated 28-3-1995 passed by the Tenth Civil Judge, Class II, Gwalior, whereby the amendment application moved by the respondent was allowed.

2. Briefly narrated the facts are that a suit was filed by the petitioner for eviction of the defendant from the accommodation in dispute on the ground of Section 12(l)(a), 12(l)(b), 12(l)(e), 12(l)(i) and 12(l)(k) of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as the Act). The defendant contested the claim and filed written statement. The case proceeded. The Court fixed 19-9-1994 as last date for producing the defendant's evidence but the defendant examined himself on 24-9-1994. Again the Court gave one more chance to produce only one witness fixing 9-11-1994. On that date instead of examining the witness an application under Order 18, Rule 17, Civil Procedure Code was moved which was allowed and the case was fixed on 9-12-1994. On that date an application under Order 6, Rule 17 and another under Order 39, Rules 1 and 2, Civil Procedure Code were moved. The learned trial Court allowed the amendment application introducing counter cl