NDLI: Om Prakash Gupta Vs. Ranbir B. Goyal

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Rule 17 Code of Civil Procedure 1908: Order 6
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Civil Procedure, 1908: Order 6, Rule 17-Subsequent events-Amendment of pleadings, to take cognizance of-Held, subsequent event may be one of change in law or founded on facts-Court may take judicial notice of the change in law and modify or mould the course of litigation or relief to bring it in conformity with law-- Where party relies on subsequent event based on facts, it should seek amendment of pleadings and Court may permit such amendment-In the instant case, the subsequent event being a factual event, cannot be taken cognizance of as brought to notice of Court in accordance with established rules of procedure-Judicial notice. Rent Control and Eviction : Eviction by title paramount-Reliance of-Tenant evicted from the suit premises of allottee-Subseqently, on non-payment of instalments by allottee, order of resumption passed, which was later set aside-Held, as the proceedings initiated by the Development Authority against the allottee has not achieved finality, eviction by title paramount cannot be relied on.Respondent-allottee was allotted the suit premises by Haryana Urban Development Authority on instalments, which was let out to appellant-tenant who fell into arrears. Trial Court decreed the suit for eviction. High Court dismissed the appeals, but granted time for vacating the premises. Appellant, then filed Special Leave Petition before this Court. He later filed an application before the High Court seeking extension of time for vacating the premises on the grounds that SLP was yet to be taken up for hearing and HUDA had initiated proceedings for resumption of the suit premises against the respondent. The application was allowed. Thereafter, this Court granted interim relief to the appellant although the factum of extension of time granted by the High Court and the grounds therefore were not brought to the notice of this Court. Respondent brought these facts to the notice of this Court through counter affidavit. Appellant filed additional affidavit stating that after the filing of SLP in this Court he received notice from HUDA to vacate the suit premises. He then requested HUDA to allot the premises to him. In between HUDA set aside the order of resumption against allottee.Appellant contended before this Court that there has been a subsequent event having a material bearing on the judgment under appeal and the right of the respondent to decree.
Judge	Honble Mr. Justice R.C. Lahoti
Neutral Citation	2002 INSC 35
Petitioner	Om Prakash Gupta
Respondent	Ranbir B. Goyal
SCR	[2002] 1 S.C.R. 359
Judgement Date	2002-01-18
Case Number	5460

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