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ABHAY AHUJA
Jayvant S. Shah – Appellant
Versus
Bombay Mercantile Co-operative Bank Limited – Respondent
JUDGMENT :
1. This Petition filed under Article 227 of the Constitution of India takes exception to the order dated 7th July, 2022 passed in Revision Application No.53 of 2022 by the Appellate Bench of the Court of the Small Causes at Mumbai.
2. The petitioners are tenants of the Respondent No.1-Bank, (Original Plaintiff) in the RAE Suit No.1794/5544 of 1986 (the “said suit”), in respect of the premises in the building at 89, Mohammed Ali Road, Mumbai 400 003 (the “said property”).
3. The Respondent No.1-Bank had filed the said suit against Shri. Jagdish Savailal Sanghavi and ors., the Respondents No.2, 3 and 4 and the petitioners and their respective Predecessors-in-title and other Respondents seeking Decree of Eviction in respect of the suit premises viz, 1st, 2nd and 3rd floors of the said property, inter-alia, on the ground of bonafide requirement.
4. Pending the hearing and final disposal of the said suit, in or about May 1987, the original Defendants No.1, 2 and 3 being the Respondents No.2, 3 and 4 (deleted since deceased) surrendered vacant possession of the 2nd and 3rd floors of the suit premises and also relinquished some portion in respect of the 1st floor of the suit premis
Amendments can be allowed at any stage of the proceedings to determine the real controversy between the parties, provided they do not cause injustice or prejudice to the other side. A hyper-technical....
The Court should be liberal in allowing the amendment of pleadings if it is necessary to determine the real controversy between the parties and does not cause prejudice to the other side. Delay in fi....
Amendment may be justifiably allowed where it is intended to rectify absence of material relevant in plaint.
The amendment application under Order VI Rule 17 CPC can be rejected if it's belated and lacks due diligence, especially when it does not materially impact the bona fide requirement.
The duty of the advocate to obtain relevant instructions and the need to avoid penalizing litigants for unintentional omissions.
Legal heirs in eviction proceedings cannot introduce new inconsistent requirements post-decision of the original cause, as they are bound by the pleadings of their predecessor.
The amendments to a plaint must be necessary for determining the real question in controversy between the parties and should not introduce a new case or be mala fide. Amendments should be allowed if ....
Bona fide requirement of landlord must be assessed based on actual need at the time of filing; subsequent events do not overshadow genuine intent if prior evidence supports the claim.
Courts cannot examine merits while deciding plaint amendment under Order VI Rule 17 CPC; Article 227 does not permit High Courts to reassess evidence or interfere with discretionary orders absent jur....
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