The High Court dismissed a civil revision petition challenging an order by the Rent Controller allowing a landlord to amend his petition to place a site plan on record. The court held the amendment was helpful and not barred.
The civil revision petition against the order allowing the amendment was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 6747 of 2011(O&M) Date of Decision: 04.11.2011
Radhey Shyam
.. Petitioner
VS.
Badri Parsad & Ors.
.. Respondents
CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR
**Present:Mr. B.K. Bagri, Advocate for the petitioner. *****
ARVIND KUMAR, J.
The petitioner-tenant is aggrieved with order dated 19.9.2011 passed by the learned Rent Controller by virtue of which the application for amendment, filed by one of the landlords, has been allowed. Heard.
It is apparent that by virtue of the proposed amendment, the landlord has sought to place of record the site plan to show the southern, western portion room and bathroom of the disputed property, which could not be shown with the site plan earlier attached with the petition. The amendment, which has been allowed, appears to be helpful in proper and just decision of the case. No doubt the earlier application for amendment filed by the landlords was withdrawn, but it was not decided on merits and thus, ipso facto does not debarred them to file the application again. Not only this, having common interest in the petition, the application filed by one of the landlords, is very much maintainable. No fault of ambiguity could be found with the approach adopted by the Court below. The instant petition, being without any merit, is accordingly dismissed.
(ARVIND KUMAR) JUDGE
November 04,2011 Jiten
3 issues framed by the court
Whether the rent controller erred in allowing an amendment to place a site plan on record in a landlord's petition.
Whether a withdrawn application for amendment which remained undecided on merits precludes re-filing.
Whether a civil revision petition against an order allowing amendment is maintainable.
Radhey Shyam
Badri Parsad
Arvind Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
