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VIKAS BAHL
Sharad Aggarwal – Appellant
Versus
Manjit Kaur – Respondent
| Table of Content |
|---|
| 1. revision petition for order quashing (Para 1) |
| 2. petitioner's argument for amendment (Para 2 , 5) |
| 3. court's dismissal of meritless petition (Para 3) |
| 4. application of order 6 rule 17 cpc (Para 4 , 10) |
| 5. trial commencement impact on amendments (Para 6) |
| 6. interpretation of amendment provisions under cpc (Para 7 , 8) |
| 7. supreme court's stance on trial commencement (Para 9) |
| 8. final dismissal of revision petition and orders on applications (Para 11 , 12) |
JUDGMENT :
Vikas Bahl, J.
This is a revision petition filed under Article 227 of the Constitution of India for setting aside/quashing of order dated 25.11.2024 (Annexure P-9) passed by the Rent Authority vide which the Rent Authority had dismissed an application filed under Order 6 Rule 17 CPC filed by the petitioner.
2. Learned counsel for the petitioner has submitted that the petitioner had taken several points at the time of filing an application for leave to contest, which was filed on 09.03.2018, however inadvertently in the reply filed by the petitioner-tenant to the petition under the Rent Act, all the said points could not be taken. It is submitted that it was only at the time of preparing the evidence of the tenant
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Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
Point of Law : Post amendment in Order VI, Rule 17 CPC, which was brought in the year 2002, the party seeking amendment has to adhere to the proviso while making an application in case of commencemen....
The amendment sought under Order 6 Rule 17 CPC should be allowed only if the facts were not within the petitioner's knowledge prior to filing the reply.
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