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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