J.V. Gupta, J. - (1.) THIS petition is directed against the order of the Rent Controller dated 15.3.1989, whereby the application for amendment of the written -statement filed by the tenant was rejected.
(2.) THE tenant by way of amendment wanted to plead that the landlord has not attached the original certificate of his retirement from the competent authority and the copy of the certificate attached has not been issued by the competent authority to remove him and secondly he was not a specified landlord within the meaning of the East Punjab Urban Rent Restriction Act, 1949, as he has sought re -employment and is now employed as Security Officer in the Zonal Office of the Punjab National Bank, Sector 17, Chandigarh. The said application has been dismissed by the Rent Controller primarily on the ground that the Court can itself see to it whether the Petitioner has been able to prove that he is a specified landlord even without taking specific objection by the tenant as such. After hearing the learned Counsel for the parties, the tenant is allowed to make the necessary amendment in the written statement on payment of Rs. (Sic)00/ - as costs. This amendment has been allowed because it was no more disputed that the tenant could raise these points even during arguments since they were legal questions, but since the tenant was keen to make the necessary amendment he has been burdened with costs.
(3.) HOWEVER , in order to avoid any further delay in the proceedings, it is directed that the tenant will produce his entire evidence at his own responsibility. However, Dasti summons may be given if so desired as contemplated under Order XVI, Rule 7 -A, Code of Civil Procedure. The tenant will be entitled to only one opportunity to produce his entire evidence.;