Hon’ble Allahabad High Court while dealing with the petition here on 13-03-2019 in the case of “Anwar Ahmad v. Mohd Muntazir And 3 Others” stated that it is the liberty to the petitioner to raise the plea at the time of oral arguments, but he shall have no right to lead any evidence.

BRIEF FACTS OF THE CASE

The petitioner filed an appeal under Section 22 of U.P. Act No.13 of 1972 was seeking amendment in the written statement. The amendment sought was in paragraph 40, wherein the petitioner wanted to insert a plea to the effect that in view of the pleadings already contained in the written statement, the shop should be treated to be a new construction and consequently, the provisions of the Act would not apply and application filed under Section 21 (1) (a) was not maintainable.

The trial court has rejected the amendment application by observing that in case the plea is permitted to be introduced in the written statement, it will result in reopening the entire trial as the petitioner would then lead evidence. It will result in irreparable loss to the respondent-landlords.

Thus, this petition was filed.

DECISION OF THE COURT

Hon’ble Court held that it is the liberty to the petitioner to raise the plea at the time of oral arguments, but he shall have no right to lead any evidence.

Thus, the petition was disposed without interfering with the impugned order.

Read the full Judgement Here:

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7088310