JAWAHAR LAL Vs. DEWAN CHAND

JUDGEMENT

(1.) THE order impugned in the present revision petition is the (one whereby prayer for amendment of the pleadings made by respondents under Order 6 Rule 17 CPC stands allowed.

(2.) RESPONDENT Dewan Chand and another filed a petition under Section 13(3)(ii) of the East Punjab Urban Rent Restriction Act for eviction of tenant from their shop on the ground of bona fide necessity. The case set up by the petitioner was that husband and wife needed this shop for running their own business. On the basis of the pleadings, one of the issue that was framed was :

(3.) MR . Arun Palli, learned Senior counsel appearing for the petitioner, by referring to Order 6 Rule 17 CPC, would urge that any amendment which is just and necessary for the purpose of determining real question in controversy can only be allowed and any amendment, which results in changing the entire cause would be beyond the purview of Order 6 Rule 17 Civil Procedure Code, 1908. According to the counsel, the earlier case set up by the respondents has entirely been discarded and altogether a new case is now set up on account of the need of their son, which amount to substituting the earlier cause and as such would not be permissible to be introduced by way of amendment. When specifically asked, the learned counsel very fairly answered that the respondents may be entitled to file a separate petition seeking eviction on this ground, but still maintained that amendment as allowed was beyond the purview of Order 6 Rule 17 CPC.