JUDGMENT :

Vishal Mishra, J.

1. The present petition is being filed challenging the order dated 28.01.2020 passed in Civil Suit No. 193-A/2007 passed by Second Civil Judge Class II, Morena, whereby the application filed under Order 6 Rule 17 of CPC, 1908, has been rejected.

2. It is submitted that the respondent No. 1/plaintiff has filed a Civil Suit for eviction of property in question on various grounds under Sections 12(1)(a), 12(1)(b) and (f) of M.P. Accommodation Control Act, 1961. A written statement has been filed by the petitioner/defendant and he has denied the plaint allegations that the plaintiff is having another vacant shop in Bhandil Market in Morena and also took some special pleas in the written statement. That issues were framed by the learned trial Court. The affidavit under Section 18(4) were filed by the plaintiff but the cross examination has not been started yet. The petitioner/defendant No. 1 has filed an application under Order 6 Rule 17 read with Section 151 of the CPC on the ground that shop No. 3 shown in the map attached with the plaintiff was vacated by the tenant Ramsewak and is in possession of the respondent/plaintiff. Therefore, the bonafide requiremen