Sukhdev Prasad Raghubir v. Rambhujarat Kshampati

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1983 Supreme(Online)(Bom) 4

BOMBAY HIGH COURT
Masodkar, J, Kantawala, CJ
Sukhdev Prasad Raghubir v. Rambhujarat Kshampati

Advocates:
For the Appellant: Shri Gokhale
For the Respondents: Shri Kulkarni, Shri Jahagirdar

Table of Content
1. writ petition for eviction and amendment of plaint. (Para 1)
2. arguments on the maintainability of revision. (Para 2 , 3)
3. interpretation of section 29 regarding revisions. (Para 4 , 5 , 6 , 7 , 8)
4. amendment of plaint and procedural justice. (Para 9)
5. final ruling allowing the amendment and setting aside the lower court's order. (Para 10)

1. The petitioner - original plaintiff has filed this writ petition challenging the order passed by the Bench of the Court of Small Causes at Bombay dated 11th of June, 1981 holding that the Revision Application under S.29 (3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Act) was not maintainable against an order refusing permission to amend the plaint. The present suit was filed by the petitioner - landlord for the eviction of the tenant - respondent. It appears that during the pendency of the suit, amendment of the written statement was permitted on 10th of September, 1975. Thereafter, the plaintiff filed an application proposing to amend the plaint by adding para 6 - A raising the ground that the eviction could also be ordered since the defendant - tenant has denied