IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R. No. 5662 of 2008 (O & M)
Decided On : 20.10.2008
Manmohan Chawla
...Petitioner
versus
Gurinder Kumar Sehgal
...Respondent
CORAM : HON'BLE MR. JUSTICE K. S. AHLUWALIA
Present : Mr. Sudhir Pruthi, Advocate,
for the petitioner.
K. S. AHLUWALIA, J. (ORAL)
Affidavits of witnesses PW-1 Gurinder Kumar Sehgal
and PW-2 Arjun Sehgal were tendered on 02.03.2007. An
application filed by the petitioner for amendment of the written
statement was allowed by the Rent Controller. Thereafter, on
27.04.2008 a prayer was made by the petitioner to file revised
statements of PW-1 Gurinder Kumar Sehgal and PW-2 Arjun
Sehgal, after the amendment of the written reply. The learned
trial Court, after taking into consideration various submissions
made, came to the conclusion that petitioner can file additional
affidavit qua that facts which emerged in the amended written
reply and not beyond that.
C.R. No. 5662 of 2008 (O & M) -2-
Counsel for the tenant-petitioner has stated that such
a course adopted by the Rent Controller cannot be appreciated as
filing of additional affidavits is beyond the pleadings. This is not
the stage to appreciate the effect of additional evidence which is
yet to be submitted by the parties. The discretion has been
exercised by the Rent Controller by passing the order for
advancement of trial pending before Rent Controller. The order
being interlocutory, is not amenable to revisional jurisdiction.
Hence, there is no merit in the present application. The same is
accordingly dismissed.
OCTOBER 20, 2008 (K. S. AHLUWALIA) shalini JUDGE