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2023 Supreme(HP) 344

SANDEEP SHARMA
Pawan Kumar – Appellant
Versus
Rajinder Kumar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vishal Bindra.
For the Respondents: Mr. Ajay Sharma, Sr. Adv. with Ms. Kavita Kajal.

JUDGMENT :

(Sandeep Sharma, J.)

1. Being aggrieved and dissatisfied with order dated 12.10.2022, passed by learned Senior Civil Judge, Court No.1, Dehra, District Kangra, H.P., whereby an application bearing C.M.A No.385 of 2021, having been filed by respondent/plaintiff under Order 6 Rule 17 read with Section 151 CPC for amendment of plaint came to be allowed, petitioner/tenant has approached this Court in the instant proceedings, praying therein to set aside the aforesaid order and reject the application under Order 6 Rule 17 read with section 151 CPC.

2. Precisely, the facts of the case, as emerge from the record are that respondent/plaintiff instituted eviction petition under Section 14 { 2(i), 2(ii)a} & 14 {2(v)} of H.P. Urban Rent Control Act, 1987 against the petitioner/respondent on the ground of arrears of rent and subletting, but before framing of issues respondent/plaintiff filed an application under Order 6 Rule 17 read with section 151 CPC, seeking amendment of plaint on the ground that premises sought to be evicted are also bonafidely required for use of wife of respondent/landlord and his daughter-in-law, who intend to expand her business of boutique in the existing re

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