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ARUN MONGA
Manmohan Singh (Since Deceased) – Appellant
Versus
Varinder Singh – Respondent
| Table of Content |
|---|
| 1. background of ejectment application and procedural dismissal. (Para 1 , 2) |
| 2. arguments for amendment based on concealment of facts. (Para 3) |
| 3. court analysis on procedural validity and due diligence requirements. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 4. rejection of the need for amendment in the written statement. (Para 10) |
| 5. final dismissal of the revision petition. (Para 11) |
JUDGMENT
Mr. Arun Monga, J. (Oral)
CRM-8861-CII-2023
For the reasons stated in application, same is allowed subject to all just exceptions.
Main case (O&M)
Petition herein inter alia is for setting aside impugned order dated 20.04.2023 passed by learned Appellate Authority, Tarn Taran in RA/04/2018 titled as "Varinder Singh v. Manmohan Singh" whereby application of revisionists/ tenants under Order VI Rule 17 read with section 151 of Code of Civil Procedure, 1908 (for short 'CPC') seeking amendment in written statement dated 31.03.2016 (Annexure P-3), was dismissed.
2. The revision petition is premised on the averments that respondent herein/landlord filed application seeking ejectment of revisionist (since deceased and now represented by legal representatives) from demised premises on the ground of his
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 to pleadings in appellate proceedings must be timely and bona fide, and should not prejudice the other party.
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....
The court emphasized the necessity for just and proper adjudication of the case and considered the genuineness and bonafide nature of the landlord's requirement in the context of amendment applicatio....
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