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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Samrat Sales – Appellant
Versus
Mohan Lal And Co. – Respondent
JUDGMENT :
Alka Sarin, J.
1. The present revision petition has been preferred by the tenant-petitioners challenging the order dated 26.07.2024 passed by the Rent Controller, Ambala whereby the application for amendment of the ejectment application filed by the landlord-respondents was allowed. The tenant-petitioners have also prayed for quashing the rent proceedings pending before the Rent Controller.
2. Brief facts relevant to the present lis are that on 10.05.2017 the landlord-respondents filed an ejectment application seeking eviction of the tenant-petitioners from the premises in dispute on inter-alia the grounds of non-payment of rent and personal bonafide necessity. The tenant-petitioners filed the written statement on 14.07.2021 and the matter was adjourned to 28.07.2021 for rejoinder, if any, as well as for framing of issues and for tendering of rent. On 28.07.2021 the landlord-respondents moved an application under Order 6 Rule 17 CPC for amendment of the ejectment application seeking to add ground (iv) for eviction of the tenant-petitioners. The said ground (iv) sought to be inserted reads as under :
"(iv) That the respondents have acquired property number 179/4,11Q, adjoinin
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 main legal point established in the judgment is that proposed amendments to an ejectment application under the East Punjab Urban Rent Restriction Act, 1949 must be necessary for the proper and ju....
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....
Amendments should not fundamentally change the nature of the case and must be bona fide.
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