DARSHAN KUMAR WAHI Vs. SMT. SNEH KUTHIALA

JUDGEMENT

(1.) THIS judgment shall dispose of Civil Revision No. 61 of 2011 and Civil Revision No. 63 of 2011 in view of similarity of points involved in both the petitions.

(2.) THE order dated 6.4.2011 passed by the learned Rent Controller (1), Shimla in Case No. 43 -2 of 2008 rejecting the application of Petitioner under Order 6 Rule 17 of the Code of Civil Procedure has been assailed by the Petitioner who is a tenant.

(3.) THE order dated 6.4.2011 has been assailed on the grounds that the learned Rent Controller has exercised jurisdiction wrongly, illegally and with material irregularity in not allowing the amendments. The learned Rent Controller has given findings on the merits of the amendments which is not permissible in law. The truth or falsity of the amendment is not to be seen at the time of consideration of the amendment application. The amendment sought is necessary in order to adjudicate the real controversy between the parties. The application filed by the Petitioner was bonafide.