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Supreme Court of India 2017-02-10 allowed

Chakreshwari Construction Pvt. Ltd vs Manohar Lal

Bench: 2 — Abhay Manohar Sapre

In Brief

This appeal concerns whether amendments to an eviction petition and additional documentary evidence could be filed at a late stage of proceedings. The appellant, a shop owner, sought to amend the eviction petition to correct the name of the sub-tenant's business and file documents obtained from the State department. Both the Rent Tribunal and High Court rejected these applications citing delay and immateriality. The Supreme Court held that parties may amend pleadings at any stage, including appellate stages, if the amendment is bona fide, relevant, and necessary for proper adjudication. The proposed amendment did not change the case's nature and was relevant to the subletting claim. The Court allowed the amendment and remitted the case to the Tribunal for final disposal with consequential amendments permitted to the respondent.

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