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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Prem Singh – Appellant
Versus
Narinder Singh (Since Deceased) Through Lrs. – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral)
The present revision petition is directed against the order dated 22.10.2018 passed by the Court of Rent Controller, Hoshiarpur, vide which the second application filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short the 'CPC') for amendment of the eviction petition was allowed.
2. The facts, as emanating from the revision petition, are that the respondent-landlord instituted a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the 'Rent Act') for eviction of the petitioner-tenant from the shops (details of which were given in the eviction petition) situated on Roshan Road, Hoshiarpur (hereinafter referred to as the 'demised property') on the ground of personal bona fide necessity.
3. After evidence of both sides had concluded, an application (Annexure P-10) under Order 6 Rule 17 CPC seeking amendment of the eviction petition was filed. It was averred in the application that due to an inadvertent mistake in sub-para A of part 2 of the eviction petition, the respondent-landlord could not mention the fact that the respondent-landlord was having other shops, whereas the legal heirs of the res
Amendments should not fundamentally change the nature of the case and must be bona fide.
Amendment may be justifiably allowed where it is intended to rectify absence of material relevant in plaint.
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 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.
Amendments post-trial commencement are impermissible unless due diligence is shown, reinforcing procedural discipline in judicial proceedings.
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