Case Note & Summary
The petitioners, tenants, challenged the order dated 09.07.2015 passed by the lower appellate court rejecting their application (Exh.32) in Regular Civil Appeal No. 387 of 2015 for amendment of the appeal and written statement. The proposed amendment sought to bring on record subsequent events of passing of a decree against certain other tenants and obtaining possession by the landlord of the suit premises. The respondent-landlord opposed, arguing that the landlord's case was for need of the entire premises including the room in possession of the petitioners, so the subsequent event would not have any bearing. The High Court held that the question of whether the subsequent event has a bearing on the bonafide requirement can be gone into on merits, and the amendment cannot be denied on that ground. The amendment was necessary for deciding the real controversy. The court quashed the impugned order, allowed the amendment application, directed the petitioners to carry out amendment within two weeks from first appearance, and directed the lower appellate court to decide the appeal within six months from first appearance.
Headnote
A) Civil Procedure - Amendment of Pleadings - Subsequent Events - Order 6 Rule 17 CPC - The tenant sought amendment to bring on record subsequent events of decree against other tenants and landlord obtaining possession, which could have bearing on bonafide requirement. The court held that the application for amendment cannot be denied on the ground that the subsequent event may not have bearing; the question of bearing can be gone into on merits. The amendment is necessary for deciding the real controversy. (Paras 2-4)
Issue of Consideration
Whether the lower appellate court erred in rejecting the tenant's application for amendment of the appeal and written statement to bring on record subsequent events of decree against other tenants and possession obtained by landlord.
Final Decision
Writ petition allowed. Order dated 09.07.2015 quashed and set aside. Application Exh.32 allowed. Petitioners to carry out amendment within two weeks from first appearance. Respondent at liberty to carry out consequential amendment. Lower appellate court to decide appeal within six months from first appearance.
Law Points
- Amendment of pleadings
- subsequent events
- bonafide requirement
- landlord-tenant dispute
- CPC Order 6 Rule 17
