CR No. 5020 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No. 5020 of 2011 (O&M) Date of decision : 19.8.2011 ... Aalamjit Singh Mann ................Petitioner vs. Amarjeet Singh and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. S.S. Behl, Advocate for the petitioner ... K.C. Puri, J. Challenge in the revision petition is to the order dated 2.8.2011 passed by Sh. K.K. Goyal, Rent Controller, U.T., Chanidgarh, vide which the application for amending para No. 2 of the counter claim, was dismissed. Amarjeet Singh and others filed eviction petition against Aalamjit Singh Mann on the ground of non-payment of rent. Aalamjit Singh Mann filed counter claim in that petition. He wanted to amend the counter claim by adding the following words in para No. 2 of the counter claim:- “The kitchen of the Restaurant has been removed as per the orders of the Hon'ble High Court which is clear from the order of the Hon'ble High Court Ex. P-4. Therefore, the kitchen, which is an integral and important part of restaurant business has been removed under compelling CR No. 5020 of 2011 -2- circumstances and thus, the basement cannot be used for the purpose of Restaurant and Bar, Party Hall and Kitchen for which the premises were let out originally.” Notice of motion. Sh. A.K. Jaiswal, Advocate has appeared on behalf of the respondents and accepts notice. Counsel for the petitioner has submitted that amendment application has been dismissed by the trial Court only on the ground that petitioner wanted to delay the proceedings of the case. He has submitted that petitioner will not lead any evidence and will not delay the proceedings of the case. Counsel for the respondent has stated at the Bar that he has no objection in allowing the application, but statement of the counsel for the petitioner be adhered to by the Rent Controller/trial Court. So, in these circumstances, the petition stands disposed of in limine. The order dated 2.8.2011 passed by the Rent Controller, stands set aside. The application for amendment stands allowed. The petitioner shall not be entitled to lead any evidence as per his undertaking. He shall not delay the proceedings of the case. The said amendment is allowed subject to payment of ` 2,000/- as costs. The petitioner shall be bound by the statement made by his counsel. ( K.C. Puri ) 19.8.2011 Judge chugh CR No. 5020 of 2011 -3-