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ARCHANA PURI
Amarjit Kaur – Appellant
Versus
Gopal – Respondent
JUDGMENT
Mrs Archana Puri, J. (Oral)
Challenge in the present revision petition is to the order dated 27.04.2023 passed by learned Rent Controller, whereby an application filed by the petitioner, under Order 6, Rule 17 CPC, thereby seeking amendment of the petition under Section 13 -B of the East Punjab Urban Rent Restriction Act, 1949, had been dismissed.
2. It is submitted by learned counsel for the petitioner that at first instance, the petitioner had filed a petition under Section 13 -B of the East Punjab Urban Rent Restriction Act, 1949, thereby seeking ejectment of the respondents from the demised premises, as she required the premises for her personal need. Further, it is submitted that during the pendency of the aforesaid petition, an application was filed at the behest of the petitioner, under Order 6, Rule 17 CPC, with regard to addition in paragraph No.4 (b) of the petition, thereby giving detail of the condition of the property and addition in paragraph No.4 (e), on the similar grounds. Furthermore, in the said application, a prayer was made for addition of 13 and' before the word 13-B'.
3. During the course of arguments, it is submitted by learned counsel for the petit
The court's decision was influenced by the applicability of the 1995 Act and the grounds for eviction under the East Punjab Urban Rent Restriction Act, 1949.
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....
The recurring nature of the landlord's bona fide requirement justifies granting liberty to withdraw the eviction petition and file a fresh one on the same cause of action.
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.
Amendments should not fundamentally change the nature of the case and must be bona fide.
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