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High Court of Punjab and HaryanaCR/5393/2015dismissed

Bhalle Ram And ORS v. Maha Singh And ORS

2016-04-01Mr. Justice Girish Agnihotri2 pages

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 5393 of 2015 Date of Decision: 01.04.2016 Bhalle Ram and Others ... Petitioner(s)

Versus

Maha Singh and Others ... Respondent(s)

CORAM:

Hon'ble Mr. Justice Shekher Dhawan.

1.

Whether reporters of local newspapers may be allowed to see judgment?

Yes To be referred to reporters or not?

Whether the judgment should be reported in the Digest?

Yes

Present:

Dr. Naresh Kaushik, Advocate for the petitioner(s).

Mr. S.S.Dinarpur, Advocate for the respondent(s).

Shekher Dhawan, J.

Present petition is challenge to the order dated 11.8.2015, passed by learned Civil Judge (Senior Division), Sonepat, whereby application filed by the petitioner/plaintiffs under Order 6 Rule 17 CPC read with Section 151 PC for amendment of plaint , was dismissed. Learned counsel for the petitioners submitted that the Court below has completely ignored the fact that the proposed amendment is most relevant for the just decision of the case and the DEEPAK KUMAR BHARDWAJ 2016.04.07 10:22 I attest to the accuracy and integrity of this document

Civil Revision No. 5393 of 2015 same should have been allowed. But the same was dismissed. He prayed that the impugned order be set aside and present petition be accepted.

Having considered the submissions made by learned counsel for the petitioners, this Court is of the considered view that the proposed amendment was sought at the fag end of the trial and both the parties have already led their evidence. More so, the petitioners, by way of present amendment, seeks liberty to amend the nature of trial altogether and if the proposed amendment is allowed that shall result into de novo trial, which is not permissible as per law. Thus, the Court below has rightly dismissed the application.

In view of above, present petition is without any merit and the same stands dismissed.

(Shekher Dhawan) Judge April 1, 2016 "DK"

DEEPAK KUMAR BHARDWAJ 2016.04.07 10:22 I attest to the accuracy and integrity of this document