M/S CHAKRESHWARI CONSTRUCTION PVT. LTD. versus MANOHAR LAL

M/S CHAKRESHWARI CONSTRUCTION PVT. LTD. versus MANOHAR LAL

The applications for amendment and for permission to file additional documents should be allowed because the proposed amendment neither changes the nature of the original case nor introduces a new cause of action, the facts came to light only recently, and there is no prejudice to the respondent as opportunity will be given to file amended pleadings and evidence; delay was explained and permissible under law.

Parties
Appellant: MIS Chakreshwari Construction Pvt. Ltd.; Respondent: Manohar Lal
Jurisdiction
India
Judgment Date
10 February 2017
Procedural Posture
Civil Appeal / Appeal From Order of High Court of Rajasthan at Jaipur Bench and Rent Tribunal
Outcome
Appeals allowed
Legal Topics
Amendment of Pleadings, Eviction Proceedings, Additional Evidence, Delay in Filing Applications
Civil Procedure Landlord Tenant Amendment of Pleadings Eviction Proceedings Additional Evidence Delay in Filing Applications

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Parties

MIS Chakreshwari Construction Pvt. Ltd.

Appellant

Manohar Lal

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of High Court of Rajasthan at Jaipur Bench and Rent Tribunal

Legal Issues

  1. 1 Whether applications for amendment of eviction petition and to file additional documents after conclusion of evidence should be allowed
  2. 2 Appropriate stage and conditions for amendment of pleadings and filing of additional evidence

Ratio Decidendi

The applications for amendment and for permission to file additional documents should be allowed because the proposed amendment neither changes the nature of the original case nor introduces a new cause of action, the facts came to light only recently, and there is no prejudice to the respondent as opportunity will be given to file amended pleadings and evidence; delay was explained and permissible under law.

Court Disposition

Appeals allowed

Orders

  • Impugned orders and order dated 26.02.2014 of Rent Tribunal set aside
  • Applications for amendment of eviction petition and for filing additional documents allowed