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NAMIT KUMAR
Onkar Singh – Appellant
Versus
Manpreet Kaur – Respondent
| Table of Content |
|---|
| 1. introduction of the case and facts (Para 1 , 2) |
| 2. petitioner's arguments on amendment necessity (Para 3) |
| 3. respondent's arguments against amendment (Para 4) |
| 4. court's review of the case materials (Para 5 , 6) |
| 5. legal provisions regarding amendment of pleadings (Para 7 , 8 , 9 , 10 , 11) |
| 6. conclusion and dismissal of the petition (Para 12 , 13) |
JUDGMENT
Mr. Namit Kumar, J.
Present revision petition has been filed by the petitioners/tenants seeking setting aside of order dated 12.04.2019 passed by the Rent Controller, Chandigarh, whereby the application filed by them under Order 6, Rule 17 CPC for amendment of their written statement, has been dismissed.
2. Brief facts relevant for the disposal of the present revision petition are that respondents/landlords filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act for eviction of the petitioners/tenants from the entire bay No.845 on the ground floor of SCO No.845-846, Sector 22-A, Chandigarh, on the ground of non-payment of arrears of rent by the tenants. Petitioners filed written statement to the eviction petition. Thereafter, due to non-appearance of the petitioners before the Rent Controller
Amendments post-trial commencement are impermissible unless due diligence is shown, reinforcing procedural discipline in judicial proceedings.
Amendments should not fundamentally change the nature of the case and must be bona fide.
Point of Law : Order 6 Rule 17 of the Code of Civil Procedure deals with amendment of pleadings which provides that the court may at any stage of the proceedings allow either party to alter or amend ....
Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
Amendment of written statements post-trial commencement is not permissible if it contradicts prior admissions regarding landlord-tenant relationships.
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....
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