1 S.B. Civil Misc. Appeal No.394/2009 Ramesh. vs. Balkishan. S.B. Civil Misc. Appeal No.394/2009 Ramesh. vs. Balkishan. Date : 23.3.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.RK Thanvi, for the appellant. - - - - - Heard learned counsel for the appellant/ defendant. The appellant is aggrieved against the order of the first appellate court dated 11.1.2008 by which the appellate court allowed the application filed under Order 6 Rule 17 CPC and allowed the plaintiff to plead that the defendant by changing the name of his wife acquired suitable accommodation and, therefore, the plaintiff is entitled to get the decree for eviction of the appellant tenant. Learned counsel for the appellant submits that 2 S.B. Civil Misc. Appeal No.394/2009 Ramesh. vs. Balkishan. the court below has not looked into the merit of the appeal and straightaway set aside the judgment and decree of the trial court. Since the core issue in the suit has been affected by the plea of the plaintiff and amendment application was allowed by the first appellate court, therefore, the first appellate court rightly set aside the judgment and decree of the trial court as that will be necessary consequence of allowing the amendment by the appellate court. In view of the above, this appeal, having no merits, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya