CW-9766/2009 -Madan Lal Vs. Kishan Giri Judgment dt.23.10.09 1/3 S.B. CIVIL WRIT PETITION NO.9766/2009 Madan Lal Vs. Kishan Giri. Date of order : 23rd October, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Dr. A.A. Bhansali for the petitioner. ------- 1. This writ petition is directed against the order dated 10.9.2009 whereby the learned trial court has rejected the application of the defendant-tenant under Order 6 Rule 17 C.P.C. seeking amendment in the written statement for raising the objection as to valuation of the suit regarding arrears of rent claimed by the plaintiff. 2. On earlier occasion also, a suit filed by the plaintiff- respondent was returned on 26.7.2004 for proper presentation under Order 7 Rule 10 C.P.C. which was filed after two days on 28.7.2004 in competent court of learned Civil Judge (Senior Division), Jodhpur claiming arrears of rent at Rs.24,000/- within the jurisdiction of that Court. 3. The learned trial court in the impugned order has noticed at internal page 5 of the order that in the written statement filed by the CW-9766/2009 -Madan Lal Vs. Kishan Giri Judgment dt.23.10.09 2/3 present defendant-petitioner on 18.3.2006 no such objection was raised by the defendant-petitioner and even in the amended written statement filed on 2.3.2007, no such objection was taken. After the issues were framed and the plaintiff's evidence was going on on 29.9.2007 at the said stage, the defendant-petitioner moved this application. 4. The learned trial court has also noticed that fixing the standard rent at Rs.2,000/- by the learned trial court on 1.9.2006 also become final as the defendant's appeal against the said order was also rejected by the appellate court. Thus, it appears that the defendant- petitioner is only trying to delay the trial of the suit for eviction in one manner or other and, therefore, in this effort the present application under Order 6 Rule 17 C.P.C. was also filed by the defendant- petitioner at the stage when the plaintiff's evidence was near conclusion. 5. When the amended provision of C.P.C. prohibits such amendment after the commencement of trial w.e.f. 1.7.2002 such effort on the part of the defendant deserves to be strongly checked and be deprecated, therefore, this Court finds no error in the CW-9766/2009 -Madan Lal Vs. Kishan Giri Judgment dt.23.10.09 3/3 impugned order of the learned trial court rejecting the said application under Order 6 Rule 17 C.P.C. 6. The writ petition is found to be devoid of merit. The same is accordingly dismissed. Copy be sent to opposite party. [ DR. VINEET KOTHARI ], J. item No.36 babulal/