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NAMIT KUMAR
Onkar Singh – Appellant
Versus
Manpreet Kaur – Respondent
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, ex parte eviction order was passed against them on 18.03.2016. Petitioners moved an application for setting aside of ex parte eviction order before the Rent Controller, which was dismissed vide order dated 17.08.2017. Thereafter, petitioners filed a petition being Civil Revision No.6312 of 2017 before this Court for setting aside of ex parte eviction order dat
Amendment of pleadings can be allowed at any stage, but the necessity for the amendment and the conduct of the party seeking the amendment are crucial factors considered by the court.
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Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
The proposed amendment of pleadings must be necessary for determining the real controversy between the parties and should not be a ploy to prolong the proceedings.
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