JUDGMENT

Manjari Nehru Kaul, J. (Oral) - The petitioner/tenant is impugning the order dated 28.10.2021 passed by the learned Rent Controller, Chandigarh (Annexure P-3) vide which his application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short, 'the Code') for amendment of the written statement was dismissed.

2. Learned counsel appearing for the petitioner submits that the impugned order is patently erroneous and contrary to the settled principles of law pertaining to amendment of pleadings. She submits that the Rent Controller while passing the impugned order failed to appreciate that the respondent/landlord in his cross-examination had categorically admitted that he had earlier filed a petition under Section 13A of the East Punjab Urban Rent Restriction Act, 1949 and the instant eviction petition had been filed by him without seeking permission to file a fresh one. She submits that the proposed amendment is based on the evidence led by the parties and would not in any manner cause prejudice to the respondent/landlord in case it is allowed. She asserts that as per the settled principles of law, amendment of pleadings can be allowed at any stage, moreso since it