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2022 Supreme(P&H) 2241

ALKA SARIN
Dharmesh Kumar – Appellant
Versus
Prem Kumar Gulati – Respondent


Advocates appeared:
Mr. Brij Mohan Vinayak, Advocate, for the Appellant; Mr. V.K. Sandhir, Advocate, for the Respondent.

JUDGMENT

Alka Sarin, J. (Oral) - This is a revision petition under Article 227 of the Constitution of India for setting aside the impugned order dated 17.02.2020 passed by the learned Rent Controller allowing the application under Order 6 Rule 17 CPC for amendment of the ejectment petition.

2. Learned counsel for the petitioners would contend that by way of the present amendment the respondent-landlord is seeking to fill in the lacuna in his case inasmuch as in the ejectment petition an essential ingredient that his wife had not vacated any such building in the urban area concerned without any sufficient cause had not been pleaded. It is further the contention that this was a fact well within the knowledge of the respondent-landlord and, hence, the amendment ought not to have been allowed. To buttress his arguments, learned counsel has relied upon the judgment passed in Arjun Chand Vs. Smt. Shama Joshi [2011(44) RCR (Civil) 874] to contend that the amendment could not have been allowed to fill in the lacuna in the case.

3. Per contra, learned counsel for the respondent has contended that the case is still at the initial stage and issues yet to be framed. It is further the contention t

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