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2017 Supreme(SC) 603

J.CHELAMESWAR, A.M.SAPRE
CHAKRESHWARI CONSTRUCTION PRIVATE LIMITED – Appellant
Versus
MANOHAR LAL – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  • The main legal principle established is that parties are allowed to amend their pleadings at any stage of the trial with the court's leave, provided the proposed amendment is bona fide, relevant, and necessary for determining the rights of the parties involved (!) (!) .

  • In the specific case, the appellant, a limited company, sought to amend their eviction petition and to file additional supporting documents after the close of evidence. The amendments aimed to clarify the name of the respondent’s business and to introduce new evidence obtained from a government department (!) (!) .

  • The courts emphasized that amendments should not alter the fundamental nature of the case or introduce a new cause of action. They should be imperative for the proper adjudication of the case, bona fide, and should not cause undue prejudice to the other party (!) (!) (!) (!) (!) (!) (!) .

  • The courts also noted that even if there is some delay in filing amendments or additional evidence, such delay can be excused if the party provides sufficient explanation. The overarching requirement is that amendments and additional evidence are relevant, necessary, and bona fide (!) (!) .

  • The court highlighted that the law permits parties to file amendments and additional evidence at any stage, including during appellate proceedings, provided they meet the criteria of relevance and bona fide intent (!) (!) .

  • In this case, the court found that the proposed amendments and additional documents were relevant, did not change the core nature of the case, and were necessary for a fair adjudication. As a result, the courts allowed the amendments, set aside the earlier dismissals, and directed the tribunal to conclude proceedings within a specified timeframe (!) (!) (!) .

  • The decision also included granting the respondent an opportunity to make consequential amendments and to file additional evidence in rebuttal, ensuring fairness in the process (!) .

  • The court awarded costs to the respondent and emphasized the importance of concluding the proceedings efficiently to deliver justice (!) .

These points collectively underscore the importance of flexibility in pleadings and evidence, provided the amendments are bona fide, relevant, and do not prejudice the opposing party or alter the fundamental issues of the case.


JUDGMENT

ABHAY MANOHAR SAPRE, J.

Leave granted. These appeals are filed against the final judgment and order dated 8-1-2015 passed by the High Court of Rajasthan, Jaipur Bench at Jaipur whereby the High Court dismissed the writ petitions filed by the appellant herein challenging the order of the Rent Tribunal dated 26-2-2014 dismissing its application under Order 7 Rule 14(3) of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”) read with Section 21 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as “the Act”) and Order 6 Rule 17 of the Code read with Section 21 of the Act respectively.

2. We herein set out the facts, in brief, to appreciate the issue involved in this appeal.

3. The short question, which arises for consideration in this appeal, is whether the Rent Tribunal and the High Court were justified in rejecting the two applications filed by the appellant in their pending main eviction petition viz. one filed under Order 6 Rule 17 of the Code read with Section 21 of the Act (Annexure P-6) seeking to amend their eviction petition and other filed under Order 7 Rule 14(3) of the Code read with Section 21 of the Act seeking permission to file




























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