LAWS(P&H)-2014-2-630

GIAN SINGH Vs. JAGDEV SINGH

Decided On February 17, 2014
GIAN SINGH Appellant
V/S
JAGDEV SINGH Respondents

JUDGEMENT

(1.) RESPONDENTS had filed the ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 seeking ejectment of the petitioner on the grounds of personal necessity as well as arrears of rent.

(2.) DURING the pendency of the petition, petitioner moved an application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 ('CPC' for short) for permission to amend the written statement. The Rent Controller vide impugned order dated 22.7.2011 dismissed the application while observing as under: -

(3.) LEARNED counsel for the petitioner has submitted that amendment sought by the petitioner was very necessary for the just decision of the case. Moreover, at this stage, issues were yet to be framed. In support of his arguments, learned counsel has placed reliance on 'Sushil Kumar Jain versus Manoj Kumar and another, 2009 3 RCR(Civ) 899' wherein it was held as under: -