Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Sant Footwear Pvt. Ltd. – Appellant
Versus
Sarvinder Singh – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral) -
The present revision petition is directed against the order dated 06.03.2019, passed by the learned Rent Controller, Chandigarh vide which the application filed by the respondent under Order 6 Rule 17 of the Code of Civil Procedure , 1908 (for short 'CPC') for amendment of the eviction petition was allowed.
2. The facts, as emanating from the revision petition, are that an eviction petition was filed by the respondent-landlord under Section 13-B of the East Punjab Urban Rent Restriction Act , 1995 (for short 'the Rent Act') for eviction of the petitioner-tenant from SCO No.85-86, Sector 17, Chandigarh (hereinafter referred to as 'the demised premises') on the ground of personal necessity as he intended to open a multi-utility mall.
3. The respondent-landlord claimed to have become co-owners to the extent of 16.6% share in the demised premises on the basis of a family settlement. It was claimed that the petitioner-tenant was a tenant on the ground floor (front side portion) of the demised premises. The tenancy was a monthy tenancy. The petitioner required the demised premises for his personal use and occuption for running multi-utility Mall. It
Amendments should not fundamentally change the nature of the case and must be bona fide.
Amendments post-trial commencement are impermissible unless due diligence is shown, reinforcing procedural discipline in judicial proceedings.
Amendment may be justifiably allowed where it is intended to rectify absence of material relevant in plaint.
The main legal point established in the judgment is that amendments to pleadings should not be allowed at a belated stage of the trial unless it is shown that the party could not have raised the matt....
Amendments to pleadings are permissible if they clarify the real controversy, even at the trial stage.
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
