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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Sunita – Appellant
Versus
Ajay Kumar Sharma – Respondent
JUDGMENT :
VIKAS BAHL, J. (ORAL)
1. Present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 05.01.2024 (Annexure P-7) passed by the Rent Controller, Hisar allowing the application for amendment of the eviction petition for making averments in order to comply with the statutory requirement of Section 13(3)(a)(i) of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter to be referred as 'Act of 1973').
2. Learned counsel for the petitioners has submitted that in the present case, the landlord/respondent had filed a petition under Section 13 of the Act of 1973 in the year 2019 and the issues were framed on 06.07.2021 and even the evidence of the respondent-landlord was closed on 04.03.2022 and it was only on 09.11.2022 when the respondent- landlord had filed an application seeking amendment for incorporating the averments with respect to the ingredients of Section 13(3)(a)(i) of the Act of 1973. It is further submitted that the same was done after the commencement of trial and the same is not permissible as it can not be said that the amendment sought was a subsequent event after the issues had been framed.
Amendments to eviction petitions under statutory provisions are permissible to rectify omissions and ensure compliance, provided no prejudice is caused to the opposing party.
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.
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 ....
Amendments to pleadings are permissible if they clarify the real controversy, even at the trial stage.
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 a liberal approach to amendments in written statements, allowing alternative defenses to ensure a complete adjudication and prevent the miscarriage of justice.
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