Court No. - 52
Case :- WRIT - A No. - 18986 of 2019 Petitioner :- Shri Bhagwan Gupta Respondent :- Ramprabhat Sharma And 3 Others Counsel for Petitioner :- Rishi Chadha Counsel for Respondent :- Vishal Khandelwal
Hon'ble Neeraj Tiwari,J.
Short counter affidavit filed on behalf of respondents be taken on record.
Heard learned counsel for the petitioner and Sri Vishal Khandelwal, learned counsel for the respondents.
By way of present petition, petitioner is challenging the order dated 23.09.2019 passed by the Additional District Judge, Court No.8, Agra in Rent Control Misc. Appeal No.79 of 2018 by which his amendment application was rejected.
Learned counsel for the petitioner submitted that under the provision of Section 34 read with Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 (hereinafter referred to as Rule, 1972), petitioner- defendant has right to file amendment application even at appellate stage with regard to subsequent development or any other fact which has to be considered by the concerned Court and be allowed. In the present case, amendment application was pertaining to certain clarification as well as subsequent development during the pendency of appeal, which was incorrectly rejected by the Court below.
Mr. Vishal Khandelwal, learned counsel for the respondents has vehemently opposed the submission made by the learned counsel for the petitioner and submitted that earlier petitioner had already filed application 23Ga for appointment of Commission on the very same ground, which was rejected with liberty to petitioner-defendant to produce all relevant documents with regard to facts mentioned in the application 23Ga and petitioner-defendant, instead of producing the document as directed by the Court below vide order dated 14.8.2019, has filed present petition with intention to delay the proceedings.
I have considered the rival submissions made by the learned counsel for the parties and perused the record as well as impugned order. There is no doubt that earlier petitioner-
defendant has filed application 23Ga for appointment of Commission on the same ground, which was rejected by the Court below vide order dated 14.8.2019 granting liberty to petitioner-defendant to produce the paper. Therefore, there is no illegality in the impugned order and no interference is required.
But, considering the facts and circumstances, the writ petition is disposed of with liberty to petitioner to file document as well as affidavit as directed by the Court below vide order dated 14.8.2019 within three weeks from today. In case any such document as well as affidavit is filed, the Appellate Court after obtaining the objection from the other side shall consider and decide the appeal preferably, maximum within three months from the date of production of certified copy of this order.
Order Date :- 19.12.2019 Junaid