IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.297 of 2009 Abdus Salam Mandal, son of late Guylam Mustafa Mandal, resident of Muhalla- Kanhauliganj Pakkisarai, Chamra Godown Lane, P.S. Muzaffarpur Town and District Muzaffarpur …….. Defendant- Petitioner. Versus Santosh Kumar Nathani, son of late Mali Ram Nathani, Muhalla- Kanhauliganj Pakkisarai Road, Chamra Godown Lane, P.S. Muzaffarpur Town and District Muzaffarpur …Plaintiff-Opposite Party ----------- For the Petitioner : Mr. S.M. Iqbal Hasan, Advocate For the Opposite Party : None. --------- 05/ 22.06.09 Heard learned counsel for the petitioner. 2. This civil revision has been filed by defendant- petitioner challenging order dated 19.09.2008 passed in Eviction Suit No. 5 of 1993, by which learned Munsif, Muzaffarpur, dismissed the petition for amendment of his written statement. 3. The aforesaid eviction suit was filed by the plaintiff- opposite party for eviction of the petitioner on the ground of personal necessity and since then it is pending. Earlier the petitioner filed a written statement in the suit accepting the relationship of landlord and tenant between the parties but after closing of the evidence and starting of the arguments, the aforesaid amendment petition was filed by the defendant-petitioner. 4. The court below after considering the facts and circumstances of the case came to the definite conclusion that the defendant wants to withdraw the admission made in his written statement on the basis of which evidences have already been led. The learned court below has also found that the suit being for 2 eviction on the ground of personal necessity was to be speedly disposed of, but the defendant-petitioner filed the amendment petition only with a view to delay the disposal of the same. 5. It is quite apparent that in such circumstances the learned court below was quite justified in passing the aforesaid order, which is clearly within his jurisdiction. Accordingly, this civil revision is dismissed. MPS/ ( S.N.Hussain, J)