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MAHENDAR KUMAR GOYAL
Vishnu Prasad Garg Alias Vishnu Prakash Garg – Appellant
Versus
Chand Bai – Respondent
JUDGMENT
Mahendar Kumar Goyal, J. - This writ petition under article 227 of the Constitution of India has been filed assailing the legality and validity of the order dated 01.012.2021 passed by the learned additional District Judge, No.1, ajmer in Civil First appeal No.33/2017 whereby an application filed by the petitioner-appellant (tenant) under Order 6 Rule 17 read with Section 151 C.P.C. seeking amendment in the written statement, has been dismissed.
2. The facts in brief are that predecessor-in-interest of the respondents-plaintiffs Smt. Chand Bai filed a suit for eviction against the petitioner-defendant on the grounds inter-alia reasonable and bonafide necessity of the subject shop for her grandsons Saurabh and Sandeep. The aforesaid suit was decreed by the learned trial court vide its judgment dated 25.08.2006. During pendency of the civil first appeal, the petitioner filed an application dated 15.09.2021 under Order 6 Rule 17 read with Section 151 C.P.C. seeking amendment in the written statement incorporating two subsequent events, i.e., acquisition of alternative accommodation and sale of one shop during pendency of the appeal. The application has been dismissed by the lea
Reasonable and bonafide necessity of a landlord has to be seen on the date of the institution of the suit, and subsequent events can be taken into consideration if they have a material bearing on the....
The reasonable and bona fide necessity has to be adjudged based on the position existing on the day the rent eviction application is filed, and subsequent events without material bearing cannot be in....
The reasonable and bona fide necessity for rent eviction has to be adjudged based on the position existing on the day the application is filed, and subsequent events may not warrant an amendment in t....
A subsequent event having material bearing on the issue can be permitted to be incorporated by way of an amendment under Section 21 of the Rajasthan Rent Control Act, 2001.
Amendments to pleadings in appellate proceedings must be timely and bona fide, and should not prejudice the other party.
Amendments to pleadings regarding bona fide necessity must be timely and relevant, and subsequent events do not negate the landlord's bona fide need for the premises.
Legal representatives of a deceased landlord can amend eviction applications to include their necessity, avoiding multiplicity of proceedings, provided no injustice is caused to the other party.
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....
The High Court upheld the trial court's rejection of an amendment to the written statement, affirming that such amendments are allowed only under specific conditions and do not alter the nature of th....
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