Code of Civil Procedure, 1908–Order 6, Rule 17–Rent Control & Eviction–Amendment in plaint as regard to bonafide necessity at the appellate stage–Allowed–High Court set aside the order–Justification–Earlier, the original plaintiff had sought the eviction on the ground of bonafide necessity–After finding that his LRs. did not seek to introduce any plea that was adverse to him, the amendment was allowed–High Court misdirected itself by failing to notice the pleadings in paragraph 4 of the plaint–Further, the interference under Art. 227 of Constitution of India was not required, specifically when there was no error of jurisdiction nor a statutory bar for permitting the plaint to be amended, based on subsequent events–Further, the Appellate Court has no committed any error while exercising the jurisdiction under Order 41, Rule 25–Liberty was granted to amend the written statement and thereafter, to both parties to lead the evidence–Impugned order passed by the HIgh Court is set aside.
