Code of Civil Procedure, 1908–Order 6, Rule 17–Amendment in written statement–Application for–Rejected–Justification–Suit for eviction and recovery of arrears of rent–Petitioners sought to take the new fact on record that the property was partitioned between the plaintiffs through the compromise decree and a suit for cancellation of same has been filed–Further, the decree and judgment are under challenge before the first appellate Court–Due to an ostensible dispute qua the status of landlord inter se other family members, the petitioner-tenants have stopped paying the rent and by virtue of an interim order granted by this Court, further proceedings before the Rent Controller have been stalled for a past ten years–Proposed amendment will not prejudice the rights of landlord and it is only being done to bring on the record pending controversy inter se family members of landlord–Application deserves to be allowed.
