CPC, 1908 O. 6 R. 17  – Application for amendment of written statement by tenant at the stage when the parties had closed their evidence allowed

cpc, 1908 O. 6 R. 17  – Application for amendment of written statement by tenant at the stage when the parties had closed their evidence – Allowed –  It is settled principle that under Order 6 Rule 17 CPC, amendment is to be allowed where it is necessary for the purpose of determining the real question in controversy between the parties – Dispute qua what is the area of the tenanted premises and the eviction has to be ordered from which portion – The rules of procedures are hand-maids of justice and technicalities are not to stand in the way and the Courts are to adjudicate on the merits of the dispute – If there is an error in the pleadings, as such,  and  subsequently also, by filing of the affidavit by way of evidence, this  Court cannot close its eyes of the facts that on an earlier point of time, the area of the tenanted premises already stands admitted as to what was the extent of the tenanted premises.

2014 PLRonline 0105