CW 5768/2009 – 5768/2009 - Gulab Vs. Sita Ram Judgment dt.3.7.09 1/3 S.B. CIVIL WRIT PETITION NO.5768/2009 Gulab Vs. Sita Ram Date of order : 3rd July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. S.D. Goswami for the petitioner. ------- 1. This writ petition is directed against the order dated 20.5.2009 whereby the learned trial court has rejected the application of the defendant-tenant under Order 6 Rule 17 C.P.C. By the said amendment application the defendant wanted to amend his written statement by incorporating the amendment to the effect that till his review petition against the order dated 12.10.2004 is decided, he is not bound to pay the standard rent of Rs.2500/- fixed by the Court's order dated 12.10.2004. By an earlier decree dated 24.9.2001, the learned trial court has fixed the standard rent at Rs.1250/- per month for the shop in question which was in a fresh suit filed for determination as standard rent enhanced to Rs.2500/- by the order dated 12.10.2004 and the appeal against that was also dismissed on 31.5.2005 by the Court of learned ACJ Bhadra, District Hanumangarh. CW 5768/2009 – 5768/2009 - Gulab Vs. Sita Ram Judgment dt.3.7.09 2/3 2. The learned counsel for the petitioner submits that since the review petition was filed before the said Court for reviewing the said order, therefore, he was not paying the said standard rent fixed at Rs.2500/- by the learned trial court. 3. This argument of learned counsel for the petitioner does not have any force. Till the point of time the order dated 12.10.2004 holds the field and has neither been stayed by any higher Court or reviewed by the Court concerned itself, the petitioner-tenant was bound in law to pay the said standard rent fixed by the learned trial court. On the other hand the defendant tenant in order to delay the trial of the suit filed by the landlord on the basis of non-payment of the said standard rent of Rs.2500/- filed the present application under Order 6 Rule 17 C.P.C. seeking to incorporate the said amendment in the written statement. The said application has been rejected by the learned trial court. 4. In the considered opinion of this Court, the learned trial court has not committed any error in rejecting the said application. No such amendment in the written statement could have been allowed much after the evidence was commenced and after framing of the issues and the trial had commenced. The amendment in the CW 5768/2009 – 5768/2009 - Gulab Vs. Sita Ram Judgment dt.3.7.09 3/3 provisions of Order 6 Rule 17 C.P.C. w.e.f. 1.7.2002 by inserting a proviso in Order 6 Rule 17 C.P.C. clearly stipulates that no application for amendment shall be allowed after the trial has commenced namely after issues have been framed and evidence has started. Even otherwise this Court finds no justification for incorporating the said amendment at the instance of the petitioner- defendant. 5. The writ petition is found to be devoid of merit. The same is accordingly dismissed. A copy of this judgment be sent to opposite parties as well learned as trial court. [ DR. VINEET KOTHARI ], J. item No.19 babulal/