This single judge order dismissed a writ petition challenging the dismissal of a suit amendment application. The high court held that the amendment concerning rent payment was unconcerned with the possession issue and was rightly rejected.
The writ petition is dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.10033/2018
Harish Chandra Joshi Son Of Late Satyadev Joshi, By Caste Brahmin, Profession Advocate, Resident Of Ward No. 24, Near Police Thana Kotwali, Purana Bus Stand, Jhunjhunu.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Tripurari Sharma.
HON'BLE MR. JUSTICE ALOK SHARMA
Order
26/08/2019
The petitioner-plaintiff’s (hereinafter ‘plaintiff’) application under Order 6 Rule 17 CPC for amendment of his suit for possession of the disputed shop has been dismissed by the trial court vide the impugned order dated 15.2.2018 holding that the amendment sought related to payment of rent by defendant no.2 to defendant no.1 and was not germane to the issue of possession in the suit before it.
Having heard the counsel for the petitioner and perused the impugned order dated 15.2.2018, I am of the considered view that the amendment sought by the plaintiff in the suit for possession indeed related to the payment of rent by the tenant
(2 of 2)
[CW-10033/2018]
i.e. defendant no.2 to defendant no.1 and was wholly unconcerned with the subject of the suit before the trial court. The application under Order 6 Rule 17 CPC was rightly dismissed.
I therefore find no force in the petition. Dismissed.
(ALOK SHARMA),J
Karan Bhutani /531/7
2 issues framed by the court
Whether the high court should set aside the trial court order dismissing the plaintiff amendment application which related to payment of rent rather than possession.
Whether the amendment application was germane to the issue of possession in the suit.
1 provisions across 1 enactments
Harish Chandra Joshi
Subhash Chandra Joshi
Bank Of Baroda
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
