PREM RAJ GUPTA Vs. V.K. CHOPRA

JUDGEMENT

(1.) AFTER hearing the learned counsel for the parties, I am of the view that the application for the amendment of the replication deserves to be allowed. There are some decisions of this Court and the Supreme Court saying that in such matters supervening facts can always be taken notice of by the Court in deciding the case. In this case, the facts, which came into being after the filing of the ejectment petition, were noticed by the Courts below but they could not be properly protected because of the want of pleadings on behalf of the landlord and for that reason even whole evidence could not come on the record. Keeping that proposition in view, the application for amendment of the replication is hereby allowed. The landlord has already filed the amended replication.

(2.) THE learned counsel appearing for the tenant is right in suggesting that his client should be allowed to file rejoinder to the amended replication so that his client may be able to take the pleas available to him. Since this prayer is reasonable, the learned counsel for landlord could not seriously oppose it.

(3.) THE records of the Rent Controller along with the amended replication be sent to the Rent Controller forthwith so as to reach there before the date fixed.