High Court of Punjab and HaryanaCR/6429/2015allowed

Jagan Singh v. Rajinder Singh & ORS

2016-07-26Mr. Justice Rajesh Bhardwaj2 pages

CR-6429-2015 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Civil Revision No.6429 of 2015 (O&M) Date of Decision:July 26, 2016.

Jagan Singh ......PETITIONER(s).

VERSUS

Rajinder Singh and others ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. V.M. Gupta, Advocate for the petitioner (s).

Mr. Gurcharan Dass, Advocate for respondents No.1 and 2.

******* SURINDER GUPTA, J.

This is revision petition against the order dated 11.09.2015, whereby the application of the petitioner-plaintiff seeking amendment of the plaint to rectify the date of sale deed from "26.11.1989 to 26.12.1989" was declined.

I have heard learned counsel for the parties. Counsel for respondents has vehemently argued that the entire case of the petitioner-plaintiff is based on sale deed dated 26.11.1989 and this date was got rectified b y the earlier amendment in place of date of sale deed mentioned as '26.11.1999'.

Copy of the sale deed placed on record as Annexure P-7 shows that it was scribed on 26.11.1989 but registered on 26.12.1989. The SACHIN MEHTA 2016.07.27 16:44 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CR-6429-2015 -2amendment sought by the petitioner will not change the nature of the suit or will not cause any prejudice to the respondents. This amendment is of quite formal nature. However, this fact is to be taken note of that suit is pending for about 12 years and the application has been filed at a very belated stage. Keeping in view that the amendment is quite formal, the same is allowed, subject to payment of costs of `5,000/-. The order under revision dated 11.09.2015 is set aside and the revision petition is allowed. As the case is 12 years old, the trial Court is directed to decide the same within a period of three months of receipt of this order, by giving short adjournments.

( SURINDER GUPTA ) July 26, 2016.

JUDGE Sachin M.

SACHIN MEHTA 2016.07.27 16:44 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH