Daljinder Kaur v. Jagjit Kaur And Others

2023:PHHC:107212 In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 3211 of 2018 Date of Decision: 18.08.2023 Daljinder Kaur ... Petitioner(s)

Versus

Jagjit Kaur (Since Deceased) through her Legal Representatives and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Amit Jaiswal, Advocate for the petitioner(s).

Mr. Vaibhav Sehgal, Advocate for the respondents.

Anil Kshetarpal, J.

1.

The petitioner herein is the plaintiff in a suit pending before the trial Court. Her application for permission to disclose that her great grandfather was known as Ararru Singh alias Aggar Singh has been dismissed by the trial Court.

2.

In the beginning, she has alleged that her great grandfather was known as Ararru Singh, however, now she wants to assert that her great grandfather was known as Ararru Singh alias Aggar Singh. Such amendment is only a formal amendment which does not effect the merits of the case. The suit is at the stage of the plaintiff's evidence. 3.

The trial Court has dismissed the application while applying the provision to Order VII Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC"). In fact, the trial Court has overlooked that DEEPAK KUMAR BHARDWAJ 2023.08.22 10:55 I attest to the accuracy and integrity of this document

2023:PHHC:107212 Civil Revision No. 3211 of 2018 the rules of procedure are the handmaids of justice. In any case, under Section 152 CPC, such amendment is permissible even after the decision of the case.

4.

Keeping in view the aforesaid facts, the present revision petition is allowed and the impugned order dated 06.03.2018 is set aside. The petitioner is permitted to carry out the consequential amendment. (Anil Kshetarpal) Judge August 18, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.08.22 10:55 I attest to the accuracy and integrity of this document