Rajasthan High Court - Jodhpur
M/S R.B Chandraban Bansilal ... vs Rent Tribunal, Bikaner And Ors on 24 August, 2018
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Civil Writ No. 1240/2014
M/s R.B. Chandraban Bansilal Ramratandas
----Petitioner
Versus
Rent Tribunal, Bikaner And Ors.
----Respondent
For Petitioner(s) : Mr. Girish Joshi
For Respondent(s) : Mr. J.L. Purohit, Senior Advocate,
assisted by Mr. Shashank Ojha
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order 24/08/2018 The instant writ petition has been preferred by the petitioner landlord plaintiff for assailing the order dated 24.01.2014 passed by the Rent Control Tribunal, Bikaner in Civil Original Case No.402/2006, whereby the application moved on behalf of the petitioner under Order 6 Rule 17 CPC for allowing amendment in the pleadings was dismissed by the Tribunal at the stage when the final arguments had been commenced.
Having heard and considered the arguments advanced by learned counsel for the parties and after going through the material placed on record, this court is duly satisfied that the application filed by the petitioner at the highly belated stage of the proceedings was totally misconceived, apart from being grossly delayed. The suit was filed way back in the year 2004. The pleadings were completed long back. The amendment was sought for was based primarily on the allegations made in the written statement of the respondent. Thus, there was no cause for the (2 of 2) [CW-1240/2014] petitioner to have waited for almost nine years before filing the application for amendment. Thus, the application was rightly rejected. The impugned order, upon a careful perusal, does not reflect any illegality, irregularity, perversity or error apparent on the face of record warranting interference therein in exercise of the supervisory writ jurisdiction of this court.
Hence, the writ petition as well as the stay petition are dismissed as being devoid of merit.
(SANDEEP MEHTA),J Pramod/74 Powered by TCPDF (www.tcpdf.org)