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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Amrit Lal – Appellant
Versus
Ashwani Kumar & Anr. – Respondents
CR-2791-2017 (O&M)
Decided On : 09-11-2022
Amendment of Petition - Tenant's Right to File Written Statement - Opportunity to Respond to Amended Eviction Petition
Fact of the Case:
The petitioner, a tenant, challenged the Rent Controller's decision to permit the landlords to amend the petition seeking eviction of the petitioner.
Finding of the Court:
The court found that once the landlords filed an application to amend the eviction petition, the tenant would always have the opportunity to file a written statement in response to the amended petition.
Issues: The issue was whether the Rent Controller's decision to allow the landlords to amend the eviction petition was correct.
Ratio Decidendi: The court held that as a general rule of law, the tenant would have the opportunity to file a written statement in response to the amended eviction petition, and therefore, no ground to interfere was made out.
Final Decision: The court dismissed the revision petition and disposed of all pending miscellaneous applications.
JUDGMENT
Anil Kshetarpal, J. (Oral) - The petitioner herein is a tenant of the respondents. The Rent Controller has permitted the landlords to amend the petition filed for seeking eviction of the petitioner. Questioning its correctness, the present revision petition has been filed.
2. Heard the learned counsel representing the parties at length and with their able assistance perused the paperbook. Learned counsel representing the petitioner contends that the respondents filed the rejoinder on 04.01.2016 to the written statement filed by the petitioner. The petitioner filed an application for permission to amend the written statement as the landlords have concealed the material facts. The landlords filed a reply to the application. Thereafter, landlords' application for permission to amend the eviction petition has been allowed though the application for amendment of the written statement has not been decided yet.
3. Once an application of the landlords (respondents herein) for permission to amend the petition has been filed, the petitioner (tenant) would always as a general rule of law, get an opportunity to file a written statement. The petitioner can always incorporate whatever plea he wants to assert while filing the reply to the amended eviction petition. Hence, no ground to interfere is made out.
4. Dismissed.
5. All the pending miscellaneous applications, if any, are also disposed of.
The tenant has the right to file a written statement in response to an amended eviction petition filed by the landlords.
Amendment of pleadings can be allowed at any stage, but the necessity for the amendment and the conduct of the party seeking the amendment are crucial factors considered by the court.
The court applied a liberal approach to amendment of pleadings, allowing legitimate and necessary amendments while distinguishing previous judgments on amendment of the plaint from the present case i....
Amendments should not fundamentally change the nature of the case and must be bona fide.
Amendment of written statements post-trial commencement is not permissible if it contradicts prior admissions regarding landlord-tenant relationships.
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