Unknown vs Virendra Saklani And Another
2021 Latest Caselaw 1114 UK

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                                      WPMS No.732 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Sagar Kothari, Advocate for the petitioner.

Being aggrieved against the judgment and decree dated 27.07.2019, as was passed by the Judge Small Causes/Civil Judge (Sr. Div.), Rishikesh, District Dehradun in an SCC suit No.05 of 2015, Swami Mangalanath Ji Maharaj vs. Virendra Saklani and another.

The petitioners before this Court had preferred a SCC Revision, being SCC Revision No.17 of 2019. During its pendency, the revisionist has filed an application on 15.02.2021, invoking the provisions contained under Order 6 Rule 17 of C.P.C. to bring a new additional fact on record, that in relation to a corresponding proceedings, which was being held against other co-tenants, who were occupying the premises in the same building, the issue of applicability of Act No.13 had been decided and laid to rest in Revision No.12 of 2019, Subhash Chandra Arora vs. Swami Mangalnath Ji; by a judgment of 28.02.2020, which obviously, happens to be subsequent to the determination made against the petitioner in the present SCC Suit on 27.07.2019.The same has stand denied to be incorporated by the dismissal of his application for amendment by the impugned order of 19.02.2021.

This Court is of the view that the nature of pleading, which was sought to be amended apart from the fact that it was a development which had taken place subsequently by the adjudication which has been made against the petitioner, coupled with the fact that it would be having a bearing on the proceedings itself, this aspect ought to have been considered by the revisional court.

Issue notices to the respondent. Steps would be taken by the petitioner within ten days from today.

Till the next date of listing, the proceedings of SCC Revision No.17 of 2019, Virendra Saklani vs. Swami Mangalnath Ji Maharaj would be kept in abeyance.

Stay application no.1 of 2021 stands disposed of.

(Sharad Kumar Sharma, J.) 24.03.2021 Arti