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Bombay High Court

MUKUND DEVIDAS KANGO DELETED DHAVAL MUKESH TEKWANI AND ANOTHERversusPREM GOPICHAND AHUJA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The amendment of the plaint was rightly refused as it was untimely, and the writ petition is dismissed.

Summary

Mukund Devidas Kango filed an eviction suit (R.C.S. No.542/2002) on grounds including bonafide need. During the suit, he sold the property to the present petitioner, who was substituted as plaintiff and sought to amend the plaint to add bonafide need as a ground. The trial court rejected the amendment, prompting a writ petition challenging that order. The High Court held that refusing the amendment did not prejudice the petitioner because bonafide need is a recurring cause of action and the amendment was sought after evidence was taken. It further noted that the amendment was untimely, and the petitioner could file a fresh eviction suit on the bonafide need ground. Consequently, the writ petition was dismissed, with a direction that a fresh suit may be instituted before 31.03.2027.

Issues considered

  • Whether the trial court erred in refusing the amendment of the plaint to include bonafide need at the stage when evidence had been taken.
  • Whether the refusal to allow amendment caused prejudice to the petitioner.
  • Whether the petitioner is barred from instituting a fresh suit on the ground of bonafide need.

Subjects

  • eviction
  • amendment of plaint
  • bonafide need
  • civil procedure
  • writ petition
  • substitution of plaintiff
  • fresh suit

Judgment

2026:BHC-AUG:38903


                                                    1                      951-wp-11788-2021.odt


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                     BENCH AT AURANGABAD
                                 WRIT PETITION NO. 11788 OF 2021

               Mukund Devidas Kango Deleted Dhaval Mukesh Tekwani And Another
                                           VERSUS
                             Prem Gopichand Ahuja And Another
                                               ...
                         Advocate for the Petitioner : Mr. Bajaj Anil S.
                    Advocate for Respondent Nos.1 & 2 : Mr. Wani Girish V.
                                               ...
                                           CORAM : ROHIT W. JOSHI, J.
                                             DATED      : AUGUST 27, 2026
              P.C.:

              1.          One Mukund Devidas Kango had instituted suit for eviction

              against respondents being R.C.S. No.542/2002 on the ground of

              bonafide need, non-user of premises, default in payment of rent as also

              on the ground that the respondents/defendants had secured alternate

              premises.

              2.          During pendency of the suit, original plaintiff/Mukund

              Devidas Kango sold the said property to present petitioner. The name

              of present petitioner is accordingly substituted as plaintiff in original

              plaint. The relevant amendments in this regard are also incorporated

              in plaint pursuant to Court orders. Having substituted his name as

              plaintiff, the petitioner moved an application for amendment of plaint

              in order to introduce grounds relating to bonafide need of the

              petitioner/purchaser.    This application is rejected by learned Trial

              Court. Present petition is filed in order to challenge the said order
                                                    2                       951-wp-11788-2021.odt


             dated 09.02.2021 passed below Exhibit-150 in R.C.S. No.542/2002.

             3.        In the considered opinion of this Court, refusal to permit

             amendment of plaint on the ground of bonafide need does not cause

             any prejudice to present petitioner/newly added plaintiff, since

             bonafide need as is well-known is a recurring cause of action and the

             petitioner/plaintiff can obviously institute a fresh suit for eviction

             against the respondents on the ground of bonafide need. This Court is

             also of the opinion that the application for amendment is rightly

             rejected since it was moved at the stage when evidence of the

             petitioner/plaintiff was concluded and that of the defendants was part

             heard.

             4.        In view of the above, no case for interference is made out in

             the impugned order. Writ Petition stands dismissed.

             5.        However, it is made clear that it will be open for the

             petitioner to institute a fresh suit for eviction on the ground of bonafide

             need against respondents/defendants. The rejection of application for

             amendment will not be a bar for institution of fresh suit on the ground

             of bonafide need.

             6.        Since the suit is of the year 2002, the Trial Court is requested

             to decide the same as early as possible and in any case before

             31.03.2027.

                                                            [ROHIT W. JOSHI J.]
Mujaheed//


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