Avneet Singh And Another vs Sarabjit Singh And Others
2022 Latest Caselaw 6083 P&H

                           129
                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH
                                                         -.-
                                                                     CR-2374-2022 (O&M)
                                                               Date of Decision : 04.07.2022


                           Avneet Singh and Another                                       ...Petitioners

                                                          versus

                           Sarabjit Singh and Others                                    ...Respondents


                           CORAM :        HON'BLE MRS. JUSTICE ALKA SARIN


                           Present :      Mr. K.S.Brar, Advocate for the petitioners.

                                          Mr. Surinder Garg, Advocate for caveator-respondent No.1.


                           ALKA SARIN, J. (Oral)

The present revision petition under Article 227 of the

Constitution of India has been filed challenging the order dated 17.02.2021

passed by the Additional Civil Judge, (Senior Division), Faridkot whereby

an application for amendment of the plaint has been allowed by the Trial

Court.

Learned counsel for the petitioner would contend that the

amendment now sought would change the nature of the suit.

The suit in the present case has been filed for possession by

partition by metes and bounds of 62/420 share of land measuring 21 kanals 0

marla comprising in Khasra Nos.3245/21-0, Khewat No.89, Khatauni

No.105, as per Jamabandi for the year 2009-10, as shown in the Aks Shajra

as well as in the site plan attached with the plaint, situated within the

Municipal Limits of Faridkot and for separate possession of share and TRIPTI SAINI 2022.07.05 11:20 I attest to the accuracy and authenticity of this order/judgement CR-2374-2022 (O&M) -2-

further for permanent injunction restraining defendant Nos.1 to 3 from

alienating any specific portion of the suit property.

Respondent No.1-plaintiff filed an application for

amendment of the plaint seeking to add para 11-A to the following effect :

"11-A. That as referred above, the plaintiff alongwith the

defendant Avneet Singh, Tejinder Kaur daughter of

Bachan Singh, Jaspreet Kaur daughter of Harmeet Singh

was in joint possession as a co-sharer. During the

pendency of the suit, the defendant No.3 Avneet Singh

forcibly constructed part of the property into a shop and

put the defendant No.114 in its possession. The terms

and conditions are not within the knowledge of the

plaintiff. The defendant No.3 was not legally competent

to change the nature of the property and further to put

any third person in possession. In any case, the

defendant No.114 shall be bound by the judgment of this

case and he shall be bound to pay proportionate rent/use

& occupation of the share of the plaintiff."

Learned counsel for the caveator-respondent No.1-plaintiff

would contend that the said amendment would in no manner change the

nature of the suit and infact the amendment was necessary for determining

the real question and controversy. It is further the contention that the suit is

still at the initial stage and even issues have not been framed till date.

Heard.

TRIPTI SAINI 2022.07.05 11:20 I attest to the accuracy and authenticity of this order/judgement CR-2374-2022 (O&M) -3-

Keeping in view the fact that the suit is still at the initial stage

and even issues have not been framed, nor the amendment sought would

change the nature of the suit, I do not find any illegality or infirmity in the

impugned order passed by the Trial Court allowing the application for

amendment.

The petition is accordingly dismissed. Pending applications, if

any, also stand disposed off.

                           July 04, 2022                                        (ALKA SARIN)
                           tripti                                                  JUDGE

NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO

TRIPTI SAINI 2022.07.05 11:20 I attest to the accuracy and authenticity of this order/judgement