Back
DEEPAK GUPTA
Jagdish Chander (Since Deceased) – Appellant
Versus
Shri. Digamber Jain Panchayat Mandir – Respondent
JUDGMENT
Mr. Deepak Gupta, J.
This order shall dispose of two petitions titled above, as similar facts and issues are involved therein. These petitions have arisen out of proceedings of two ejectment petitions, filed in respect of two different shops, forming part of same premises, in the same circumstances. Shop No.1 was rented out to Jagdish Chander (petitioner in CR-4101 of 2024); whereas shop No.10 was rented out to Suresh Kumar (petitioner in CR-2759 of 2024), by the same landlord, i.e. Shri. DigamberJain Panchayat Mandir. In both the petitions, landlord sought the ejectment amongst other grounds, on the ground of bonafide necessity.
2. Petitioners before this Court are the appellants-tenants before learned Appellate Authority, Hisar and they are aggrieved by the similar order dated 03.04.2024 (Annexure P-1), whereby their applications under Order VI Rule 17 CPC seeking amendment in their respective written reply to the petitions, have been dismissed during the pendency of their rent appeals bearing Nos. RA/823 of 2018 and RA/182 of 2019.
3. In order to avoid confusion, parties shall be referred as landlord and tenants. Facts are being noticed from CR N: 4101 of 2024.
4.1 The l
Amendments to pleadings in appellate proceedings must be timely and bona fide, and should not prejudice the other party.
Amendments to pleadings are permissible if they clarify the real controversy, even at the trial stage.
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 amendment application under Order VI Rule 17 CPC can be rejected if it's belated and lacks due diligence, especially when it does not materially impact the bona fide requirement.
The court upheld the Rent Controller's decision denying the tenants' amendment request due to lack of evidence substantiating bona fide need, emphasizing the need for timely and justified procedural ....
Amendment may be justifiably allowed where it is intended to rectify absence of material relevant in plaint.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
