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H. S. MADAAN
Raja Ram Phool Chand – Appellant
Versus
Kulwinder Singh – Respondent
JUDGMENT
H.S. Madaan, J.(Oral) - Under challenge in this revision petition is order dated 18.10.2022 passed by Rent Controller, Ludhiana in a rent petition titled 'Kulwinder Singh and others Vs.M/s Raja Ram Phool Chand and another' vide which he had dismissed application under Order 6 Rule 17 CPC filed by respondents/tenants seeking amendment of written statement. Such respondents/tenants are revisionists before this Court.
2. Briefly stated, facts of the case are that petitioners had brought an ejectment petition against respondents/tenants on the ground of the premises being required by petitioner No.2 Jasvinder Singh for opening his office as an Advocate. As per the case of the petitioners, such petitioner No.2 Jasvinder Singh was earlier working with his father Sh.Harbhajan Singh in his office at Model Town, Ludhiana, thereafter he wanted to have his own independent office because office of Sh.Harbhajan Singh was not sufficient for the entire staff and requirement of petitioner No.2. Separate ejectment petitions had been filed against M/s Raja Ram Phool Chand and another as well as against another tenant M/s Sokhi Auto Industries on the ground of bona fide need.
3. On notice, the
The court emphasized that applications for amendment should not be allowed when they are highly belated and serve as delaying tactics, especially after the trial has commenced.
The court emphasized the necessity for just and proper adjudication of the case and considered the genuineness and bonafide nature of the landlord's requirement in the context of amendment applicatio....
The main legal point established in the judgment is that amendments to pleadings should not be allowed at a belated stage of the trial unless it is shown that the party could not have raised the matt....
Amendments to pleadings in appellate proceedings must be timely and bona fide, and should not prejudice the other party.
Amendments to rectify defects in pleadings regarding statutory provisions can be allowed at the initial stage of a case and do not change the nature of the petition.
The main legal point established in the judgment is that proposed amendments to an ejectment application under the East Punjab Urban Rent Restriction Act, 1949 must be necessary for the proper and ju....
The pending revision petition does not justify staying proceedings in a subsequent ejectment petition with additional grounds.
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