ASHOK KUMAR JOG Vs. VIDYA RANI AND OTHERS

JUDGEMENT

(1.) Challenge in this revision petition is the order dated 24.4.2012 passed by Ms. Shalini Singh Nagpal, learned Additional District Judge, Chandigarh vide which the appeal preferred by the landlord for amendment of the rent petition was accepted after setting aside the order dated 2.1.2012 passed by the Rent Controller dismissing the application for amendment of the petition. Briefly stated that Nand Lal filed eviction petition against tenant-Ashok Kumar Jog. The landlord Nand Lal now respondent wanted to add paragraph 6-A in the petition, the detailed of which is given as under :-

(2.) It is pleaded that the said fact regarding occupation of the aforesaid house could not be inadvertently given in the plaint. Similar prayer was made to add in paragraph No. 7-A in the petition.

(3.) The said application was resisted by the tenant by filing written reply. It is pleaded that proceedings in the eviction petition has already commenced and as such application under Order 6 Rule 17 of the Code of Civil Procedure (in short - the CPC) is not maintainable. Shri S.K. Sharma, Rent Controller, Chandigarh vide order dated 2.1.2012 dismissed the application. Nand Lal landlord filed appeal against the said order and the learned Appellate Authority vide order dated 24.4.2012 allowed the necessary amendment.