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ARUN MONGA
Ravinder Singh (Since Deceased through his LR) – Appellant
Versus
Guru Teg Bahadur Road lines – Respondent
JUDGMENT
Mr. Arun Monga, J. (Oral)
Petition herein inter alia is for setting aside impugned order dated 13.03.2023 (Annexure P-5) passed by learned Civil Judge (Junior Division), Ludhiana, whereby application under Order VI Rule 17 read with section 151 of Code of Civil Procedure, 1908 (for short 'CPC') for amendment of eviction petition filed by revisionist/landlord, was dismissed.
2. The revision petition is premised on the averments that revisionist/ landlord filed eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 against respondent/tenant from Shop No.15, Property No.B- XXIV-1044, Samrala Chowk, Jalandhar Road, Ludhiana on the grounds of non-payment of Rent w.e.f. 01.09.2012 at the rate of Rs.250/- per month on payment of house tax/ property tax at the rate of 15% per annum from 01.03.1994, bona fide requirement of revisionist for setting up office and library as revisionist is an advocate and doing practice at District Courts, Ludhiana.
2.1. During pendency of eviction proceedings, revisionist-Ashwinder Singh expired and his LR Ravinder Singh moved an application for his impleadment as legal representative of deceased on the ground that de
Litigants should be afforded the opportunity to establish their cases by amending pleadings, and rules of procedure should not thwart substantial justice.
Amendments should not fundamentally change the nature of the case and must be bona fide.
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.
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