CW-7956/09-Moti Bai Vs. LRs of Chaitnya Giri & anr. Judgment dt.4.9.09 1/2 S.B. CIVIL WRIT PETITION NO.7956/2009 Moti Bai Vs. LRs of Chaitnya Giri & anr. Date of order : 4th September, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. U.G. Khan for the petitioner. ------- 1. By the impugned order dated 8.5.2009, the learned appellate court rejected the applications of the appellant-defendant- tenant under Order 6 Rule 17 and Order 41 Rule 27 C.P.C. seeking to place on record certain photographs and documents to show that the landlord was making some construction which would satisfy his bonafide need according to the tenant. 2. The learned appellate court has rejected these applications finding that the said appeal itself was filed way back on 22.3.2003 and the construction in question was also raised during the pendency of the suit and before filing of the appeal itself and, therefore, at this belated stage no such amendment could be permitted by the defendant-appellant, the present petitioner. 3. Learned counsel for the petitioner, Mr. U.G. Khan CW-7956/09-Moti Bai Vs. LRs of Chaitnya Giri & anr. Judgment dt.4.9.09 2/2 submits that the notice issued by the Municipal Council, Udaipur Annex.5 indicates that some construction was also raised for which the Municipal Council, Udaipur gave notice to the plaintiff-landlord on 31.5.2008 and, therefore, the learned appellate court has erred in rejecting this application. 4. Having heard learned counsel and upon perusal of the reasons given in the impugned order, this Court is satisfied that the learned appellate court has not committed any error in rejecting such applications at this belated stage. Any further construction raised by the landlord-plaintiff may not affect bonafide need of tenant for which the present suit and appeal are pending before the learned appellate court. Therefore, on this ground the defendant cannot be permitted to amend his written statement or memo of appeal endlessly. 5. The writ petition is devoid of merit. The same is accordingly dismissed. Copy of this judgment be sent to opposite parties and trial Court. [ DR. VINEET KOTHARI ], J. item No.9 babulal/