Labh Singh And Ors vs The Isseriheri, Sclo Sabha And Anr
2022 Latest Caselaw 6543 P&H

                           321
                                      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                     CHANDIGARH
                                                           -.-
                                                                  CR-2503-2021 (O&M)
                                                               Date of Decision : 11.07.2022


                           Labh Singh and Others                                               ...Petitioners

                                                             versus

                           The Isserheri, SCLO Sabha and Another                           ...Respondents


                           CORAM :           HON'BLE MRS. JUSTICE ALKA SARIN

                           Present :         Mr. Sunny K.Singla, Advocate, for the petitioner.

                                             Mr. Paras Jagga, Advocate, for the respondents.


                           ALKA SARIN, J. (Oral)

The present revision petition under Article 227 of the

Constitution of India is for setting aside the impugned order dated

23.08.2021 passed by the Additional Civil Judge (Jr. Division), Patiala

whereby the application under Order 6 Rule 17 of the Code of Civil

Procedure, 1908 filed by plaintiff-respondent No.1 for amendment of the

plaint has been allowed.

Learned counsel for the petitioner would contend that the

amendment has been allowed after a period of three years from the filing of

the filing of the suit and the amendment sought for is to incorporate the

following lines at the end of Para-2 of the plaint, which reads as under :

"However, the defendant No.1 Bhag Singh filed an application

for correction of Khasra Girdawari against the plaintiff Sabha

and others before the Ld. A.C 2nd Grade, Dudhan Sadhan, and

the said application was dismissed by the Ld. A.C 2nd Grade, TRIPTI SAINI 2022.07.12 15:23 I attest to the accuracy and authenticity of this judgment/order CR-2503-2021 (O&M) -2-

Dudhan Sadhan vide order dated 22.11.1984 and the said

order was upheld upto the Hon'ble Court of Financial

Commissioner, Chandigarh, as per order dated 27.03.1990.

Copies of both the orders dated 22.11.1984 passed by Ld. A.C

2nd Grade, Dudhan Sadhan and order dated 27.03.1990 passed

by Ld. Financial Commissioner, Chandigarh are enclosed

herewith for the kind perusal of this Hon'ble Court."

Learned counsel would further contend that the said fact was

well within the knowledge of the plaintiff and hence the amendment ought

not to have been allowed.

Per contra, the learned counsel for the respondents states that

the case is still at the initial stage inasmuch issues are also yet to be framed.

It is further the contention that the said amendment is necessary in order to

bring the true and correct facts on the record and further that no prejudice

would be caused to the defendant-petitioner in this case.

Heard.

In the present case the case is still at the initial stage inasmuch

as issues are yet to be framed. The amendment sought to be incorporated

does not change the nature of the suit in any manner. The argument of the

learned counsel for the petitioner that the amendment has been sought after a

period of three years would not cut any ice inasmuch as the suit itself has not

progressed beyond the completion of the pleadings. Even issues in the suit

have not been framed.

TRIPTI SAINI
2022.07.12 15:23
I attest to the accuracy and
authenticity of this judgment/order
                            CR-2503-2021 (O&M)                                              -3-

In view of the above, I do not find any illegality or infirmity in

the impugned order. The present revision petition is dismissed. Pending

applications, if any, also stand disposed off.

                           July 11, 2022                                      (ALKA SARIN)
                           tripti                                                JUDGE

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

TRIPTI SAINI 2022.07.12 15:23 I attest to the accuracy and authenticity of this judgment/order