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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Parveen @ Parveen Goyal – Appellant
Versus
Jai Bhagwan Mittal – Respondent
JUDGMENT :
Vikas Bahl, J.
Challenge in the present revision petition is to the order0 dated 22.08.2024 vide which the application for amendment filed by the petitioners (LRs of tenant / alleged sub tenant) has been dismissed.
2. Learned counsel for the petitioners has submitted the amendment, which the petitioners are seeking, is only to elaborate the defence taken in the written statement and the same would neither alter the defence nor introduce a new defence. It is submitted that in the said circumstances, the application for amendment of the written statement should have been allowed. In support of his arguments, learned counsel for the petitioners has relied upon the judgment of the Hon'ble Supreme Court of India passed in the case of "State of Bihar & Ors. vs. Modern Tent House & Anr." reported as 2017(8) SCC 567.
3. This Court has heard the learned counsel for the petitioners and has perused the paper book and finds that the impugned order is in accordance with law and deserves to be upheld and the present revision petition deserves to be dismissed for the reasons stated hereinafter.
4. It is not in dispute that respondent no.1-Jai Bhagwan Mittal had filed a petition under Sectio
Amendment of written statements post-trial commencement is not permissible if it contradicts prior admissions regarding landlord-tenant relationships.
The burden of proof with respect to subletting shifts to the tenant once the landlord prima facie shows that the tenant has parted with possession. The court relied on case law to establish that the ....
Amendments post-trial commencement are impermissible unless due diligence is shown, reinforcing procedural discipline in judicial proceedings.
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