Denial of the respondent's right to file a reply to an amended petition, after a material fact was amended, constitutes prejudice and requires the setting aside of the impugned orders.

V.S.Aggarwal, J.

1. The present revision petition is directed against the order of eviction passed by the learned Rent Controller, Amritsar dated 18.1.1982 and of the Appellate Authority, Amritsar dated 26.4.1982.

2. The grievance of the petitioner has been that during the course of the proceedings before the learned Rent Controller, amendment of the petition was allowed but no right was given to the respondent to file reply to the amended petition.

3. Perusal of the record reveals that in the petition for eviction, the arrears of rent had been claimed from 1.7.1970. The petition for eviction was contested on various grounds. An application was filed seeking amendment of the petition and it was prayed that arrears in fact where due from 1.5.1978. The amendment was allowed on 18.1.1982 as per endorsement on the petition. On the same day, the order of eviction had been passed. But no right has been given to the respondent to file the reply to the amended petition.

4. Once the amendment had been allowed with respect of a material fact, a corresponding right accrues to the respondent to file the reply to the amendment petition. The same has been denied. Thus, the respondent indeed has a grievance to state that prejudice has been caused to him.

5. Accordingly, the revision petition is allowed and the impugned orders are set aside. It is directed that the respondent would be given an opportunity to file the reply to the amended petition and thereafter the learned Rent Controller shall start the proceeding by picking up the loose threads. The parties are directed to appear before the learned Rent Controller on 15.3.2000.