OLYMPIC INDUSTRIES Vs. MULLA HUSSAINY BHAI MULLA AKBERALLY&ORS.
CODE OF CIVIL PROCEDURE, 1908:
Or.8, r.9 - Subsequent pleadings - Additional written statement - Held: Even by filing an amendment or additional written statement, it is open to defendant to add a new ground of defence or to substitute or alter the defence or even to take inconsistent pleas in the written statement so long as the pleadings do not result in causing grave injuries/irretrievable prejudice to plaintiff - Mere delay is not sufficient to refuse amendment of pleadings or an additional written statement - High Court was not justified in rejecting tenant's application for permission to file additional written statement, as no prejudice could be caused to landlord which would otherwise be compensated in terms of cost - Order of High Court set aside and that of tribunals below allowing to file additional WS is restored - Additional WS field by tenant be accepted - Tamil Nadu Buildings ( Lease and Rent) Control Act, 1960 - s.25.
TAMIL NADU BUILDINGS (LEASE AND RENT) CONTROL Act, 1960: s.25 - Revisional jurisdiction of High Court - Filing of additional written statement allowed by Rent Controller and Appellate Tribunal - Order reversed by High Court - Held: In absence of any perversity or arbitratriness in the concurrent orders of the tribunals below, it was not open to High Court to interfere with the same -
Code of Civil Procedure, 1908 - Or.8, r.9.In a petition by landlord-respondents seeking fixation of fair rent, the tenant-appellant moved an application for permission to file an additional written statement. The Rent Controller allowed the application. The Appellate Tribunal upheld the order. However, the High Court, in the revision petition filed by the landlord, set aside the concurrent orders of the tribunals below and rejected the tenant's application on the grounds that the tenant filed the application belatedly when the examination of PW1 had already been over; and that in the additional WS a new plea was raised, which was a fundamental alteration of the pleadings already put forth in the WS.