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SANJEEV PRAKASH SHARMA
Jaipur Glass And Potteries, A Unit of Vijay Solvex Limited Through President (Late) Shri Nirajana Lal Datta – Appellant
Versus
Pramila Lad – Respondent
ORDER
1. Heard learned counsel for the petitioner as well as counsel for the respondent/s.
2. The petitioner assails the order dated 07.02.2020 passed by the Rent Tribunal whereby the application moved by the petitioner-defendant under Section 21 of the Rent Control Act, 2001 (hereinafter referred to as 'Act of 2001') for seeking amendment in the written statement, has been rejected.
3. Learned counsel for the petitioner submits that while preparing the case for final arguments the defendant had stated that the original application was not maintainable as the paid up capital of Vijay Solvex Limited of which the defendants was one of the units, was almost Rs.3,20,19,000/- above Rs.1 crore and therefore, the original application itself was not maintainable. Accordingly, an amendment was sought in the written statement. Learned counsel submits that the amendment in the written statement ought to have been allowed and the Tribunal has erred in not accepting the application. Learned counsel submits that additional defence or amendment in defence can always be taken up at any stage and the same ought to be allowed.
4. Learned counsel relies on the judgment passed by the Supreme Court in th
The court affirmed that amendments to pleadings must be timely and relevant, particularly in eviction proceedings under the Rent Control Act.
Point of Law : Order 6 Rule 17 of the Code of Civil Procedure deals with amendment of pleadings which provides that the court may at any stage of the proceedings allow either party to alter or amend ....
Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
A party must demonstrate diligence in presenting all defenses at the initial pleading stage; amendments after trial commencement are generally disallowed unless crucial for resolution.
Amendments to written statements must not cause severe prejudice to the opposing party, especially when sought after a party's death.
Amendments post-trial commencement are impermissible unless due diligence is shown, reinforcing procedural discipline in judicial proceedings.
The court emphasized that the amendment seeking to incorporate a plea of adverse possession was not necessary for the disposal of the eviction petition and that the question of ownership and title is....
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