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HIGH COURT OF JUDICATURE AT ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA
Mahboob Saifi – Appellant
Versus
Vimal Kumar Jain – Respondent
JUDGMENT :
YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Jai Kishan, learned counsel for the petitioner and Sri Atul Dayal, learned Senior Counsel appearing along with Sri Utkarsh Birla and Ms Aarushi Birla, for the respondent.
2. The present petition under Article 227 of the Constitution of India has been filed by the petitioner–tenant assailing the order dated 22.01.2026 passed by the learned District Judge, Kasganj in Rent Appeal No.16 of 2023, whereby the amendment application preferred by the petitioner under Order VI Rule 17 CPC has been rejected.
3. The facts, as borne out from the pleadings on record, indicate that the petitioner–tenant was inducted into the disputed shop situated at Mohalla Nathuram, Laxmiganj, Kasganj in the year 1983 by the father of the respondent–landlord on a monthly rent of Rs.1510/-. Since then, the1510/-. Since then, the petitioner has been carrying on the business of welding and iron work from the said premises and claims to have regularly paid rent.
4. The respondent–landlord, asserting his ownership over the premises, instituted P.A. Case No.05 of 2019 under Section 21(1)(a) of U.P. Act No.13 of 1972 seeking release of the shop on the ground of bona fide r
The amendment application under Order VI Rule 17 CPC can be rejected if it's belated and lacks due diligence, especially when it does not materially impact the bona fide requirement.
Amendment may be justifiably allowed where it is intended to rectify absence of material relevant in plaint.
Amendments to pleadings in appellate proceedings must be timely and bona fide, and should not prejudice the other party.
Amendment in pleadings - Since lower appellate court is final court on facts and the suit is pending since year 2000, it would be appropriate to remand back matter to lower appellate court with liber....
Amendments to pleadings in eviction proceedings should be allowed liberally when they pertain to the core issue of bona fide requirement and availability of alternate accommodations.
The reasonable and bona fide necessity for rent eviction has to be adjudged based on the position existing on the day the application is filed, and subsequent events may not warrant an amendment in t....
CPC is not applicable to rent cases as it is applicable strictly to Civil Suits, but principles contained in provisions of CPC are applicable for adjudication of Rent Petition also.
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 regarding bona fide necessity must be timely and relevant, and subsequent events do not negate the landlord's bona fide need for the premises.
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