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2023 Supreme(P&H) 1571

ARCHANA PURI
Dharminder Pahwa – Appellant
Versus
Darshan Lal Dhingra – Respondent


Advocates appeared:
For the Parties : Mr. Vaibhav Sehgal, Mr. Harvinder Singh Johal

Judgment

Mrs. Archana Puri, J.

Through the present petition under Article 227 of the Constitution of India, the petitioner has invoked the jurisdiction of this Court to challenge the order dated 20.03.2023 (Annexure P-7) passed by Rent Controller, whereby, an application, under Order 6 Rule 17 CPC, filed by the petitioner for amendment of the petition, was dismissed.

2. The facts, as culled out from the paper book are as follows:-

3. That, initially, petitioner-landlord had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, for seeking ejectment of the respondent (tenant) from the shop, as detailed therein. During the pendency of the said eviction petition, an application was filed for seeking amendment of the petition, on the averments that boundaries of the property have not been correctly mentioned in the headnote of the plaint, only inadvertently and due to over-sight and typographical mistake. However, the boundaries have been correctly mentioned in paragraph No.1 of the petition as well as in the prayer clause, sale deed, transfer deed and the site plan. However, the mistake has occured in mentioning of the boundaries, in the headnote of the petitio

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