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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Chander Bhan Through Special Power Of Attorney Ashwani Kinger – Appellant
Versus
Kamal Krishan – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral)
1. The present revision petition assails the order dated 22.05.2025 (Annexure P-7), passed by the Court of Rent Controller, Nabha, vide which the application moved by the petitioner-tenant under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short 'CPC'), seeking amendment in the written statement was dismissed.
2. The facts, as emanating from the revision petition, are that the respondent-landlords instituted a petition (Anneuxre P-1) under Section 13 of the East Punjab Rent Restriction Act, 1949 (hereinafter referred to as the 'Rent Act') seeking eviction of the petitioner-tenant from a shop situated at Sadar Bazar, Nabha on the grounds of non-payment of rent, personal necessity and the shop having been rendered unsafe and unfit for human habitation.
3. Written statement (Annexure P-2) was filed opposing the grounds of eviction.
4. During the pendency of the eviction petition, an application was moved by the respondent-landlord for getting the shop inspected by a building expert. In the meantime, the petitioner-tenant filed an application (Annexure P-5) under Order 6 Rule 17 CPC seeking amendment in the written statement. It was averred
Amendment of written statements post-trial commencement is not permissible if it contradicts prior admissions regarding landlord-tenant relationships.
Amendments should not fundamentally change the nature of the case and must be bona fide.
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....
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Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
Amendments to pleadings should not be allowed if they fundamentally change the nature and character of the case and if a fresh suit on the amended claims would be barred by limitation. Admissions in ....
Amendments to pleadings in appellate proceedings must be timely and bona fide, and should not prejudice the other party.
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