High Court of Punjab and HaryanaCR/7557/2014dismissed

Narinder Kaur v. Gurbax Singh And Others

2017-09-28Mr. Justice Anil Kshetarpal2 pages

CR No.7557 of 2014 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.7557 of 2014 Date of decision :28.09.2017 Narinder Kaur

...Petitioner

Versus

Gurbax Singh and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Rahul Bhargava, Advocate for the petitioner.

Mr. Shivam Grover, Advocate for Mr. G.S. Sidhu, Advocate for the respondents.

ANIL KSHETARPAL, J. (Oral) CM No.9272-CII-2017 Application is for restoration of the revision petition, which was dismissed for non-prosecution. Application is supported by an affidavit.

Application is allowed and the revision petition is restored to its original number.

Main Case Plaintiff is in revision petition against order dismissing the application under Order 6 Rule 17 CPC for permission to amend the plaint. Plaintiff had filed a suit for mandatory injunction against her in-laws directing them to hand over various items containing certain gold ornaments. Plaintiff concluded her evidence and, thereafter, she filed an application under Order 6 Rule 17 stating that certain items of the Istridhan have not been mentioned in the plaint.

Sheetal 2017.10.13 11:41 I attest to the accuracy and integrity of this document

CR No.7557 of 2014 -2Learned counsel for the petitioner has submitted that the petitioner has already led evidence with regard to the aforesaid items. In my considered opinion, the pleadings sought to be added are in the nature of evidence, which is not required to be pleaded. The pleadings have to be concise as provided under Order 6 Rule 2 CPC. Still further, trial has already started. As per proviso to Order 6 Rule 17 CPC, normally the amendment of the pleadings cannot be permitted after the commencement of the trial.

In view thereof, I do not find any good ground to interfere with the order passed by the trial Court.

Accordingly, this revision petition is dismissed. 28.09.2017 (ANIL KSHETARPAL) sheetal JUDGE Whether Speaking/reasoned :

Yes Whether Reportable :

No Sheetal 2017.10.13 11:41 I attest to the accuracy and integrity of this document