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Judgment
Sujoy Paul, Judge
In a suit for eviction and recovery of amount, the tenant/respondent filed an application under Order 6 Rule 17 of CPC for amendment. The said amendment was allowed by the Court below. Thereafter, the plaintiff/petitioner filed a rejoinder in reply to the amendment, which has been disallowed. The said rejoinder was not taken on record by the Court below by order dated 04.08.2010. The Court below has assigned a reason that under Order 8 Rule 4 of CPC, denial can be made only in the written statement. There is no provision for rejoinder etc. under CPC. Shri Tomar, learned senior counsel submits that if tenant/defendant was permitted to carry out the amendment, petitioner/plaintiff had a right to have his say and it was done by way of rejoinder. The Court has committed an error in rejecting the same.
Shri Chandil, learned counsel for the respondents has supported the order passed by the Court below.
I have heard the learned counsel for the parties and perused the record.
In the considered opinion of this Court, once the amendment of the tenant was allowed, it was obligatory for the Court below to provide an opportunity to the petitioner to file his consequential amendment. However, the petitioner has filed it by mentioning that as "rejoinder". The Court below has taken a hyper-technical view in rejecting the said document by saying that there is no such provision under Order 8 Rule 4 of CPC. The petitioner had a valuable right to have his say after the amendment of tenant was allowed and he did so by filing rejoinder. The nomenclature of the petitioner''s application may be erroneous but on that ground it should not have been rejected and Court below should have seen the contents of it nor the form, and therefore, the order dated 04.08.2010 cannot be permitted to stand. The Court below may treat the rejoinder as consequential amendment of the petitioner. Accordingly, order dated 04.08.2010 is set aside. Rejoinder be treated as consequential amendment by the plaintiff. The Court below may proceed further from that stage. Petition is allowed. No costs.