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SUJIT NARAYAN PRASAD
Harbhajan Singh – Appellant
Versus
Bikram Singh – Respondent
JUDGMENT :
Sujit Narayan Prasad, A.C.J.
1. This writ petition has been filed under Article 227 of the Constitution of India challenging the order dated 06.06.2024 passed by learned Additional Civil Judge (Jr. Div.), Jamshedpur in Eviction Suit No.10 of 2023, whereby and whereunder the petition filed by the petitioners/defendants under Order VI Rule 17 of the CPC has been rejected declining them to insert a new paragraph in the written statement being paragraph no.22(a) for making addition that the plaintiff during pendency of the suit has converted two shops into one shop and let out the said shop to a tenant named “Puja Confectionary” and the aforesaid business of Puja Confectionary was formally inaugurated on 05.02.2023.
2. The brief fact as per the pleadings made in the writ petition needs to be referred herein.
3. It is evident from the factual aspect that a suit for eviction has been filed by the plaintiff/respondent under the provision of Section 11(1)(c) of the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2000. The Eviction Suit has been filed mainly on two grounds – first is the personal necessity and second is default in making of payment of rent.
4. The petitioners
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....
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
[The court established that amendments to pleadings can be allowed even after the commencement of trial under Order 6 Rule 17 of the CPC, provided the party demonstrates due diligence and the nature ....
[The court established that amendments to pleadings under Order VI Rule 17 of the CPC can be allowed at any stage of the proceedings, provided they do not change the fundamental nature of the suit an....
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
A single co-owner can initiate eviction proceedings against a tenant without the consent of other co-owners based on agency principles, supporting the maintainability of such petitions.
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