Amendment application to amend reply-rejected- Rajasthan High court

Civil Procedure Code, 1908, Order 6, Rule 17 - Amendment of reply - Petitioner tenant produced notice alleged to have been sent by landlord to co-sharer regarding rent due and security deposit of tenants - Petitioner preferred application seeking leave to amend reply so as to incorporate pleadings relating to said notice - Petition submitted by petitioner reveals that factum of default in payment of rent has been specifically denied by him - In additional pleas, specific averment has been made that sum of Rs. 2,41,000 was deposited by petitioner with landlord - Documents produced, if same have any evidentiary value, can always be relied upon by petitioner in support of defence set out in reply to petition - No specific pleadings in respect of documents in question need to be incorporated inasmuch as, relevance thereof is pleaded by petitioner in respect of specific stand already taken in reply to petition - Petition dismissed.