Joga Singh v. Iqbal Singh Through Lrs And ORS

113 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-649-2022 Date of Decision: 25.02.2022 JOGA SINGH

...Petitioner

Versus

IQBAL SINGH THROUGH LRS AND ORS

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Vishal Singh Chauhan, Advocate for the petitioner.

(Presence marked through Video Conference) ARUN MONGA, J. (ORAL) Present revision petition is against the impugned order dated 22.11.2021 (Annexure P-1) passed by learned Civil Judge (Junior Division), Hoshiarpur, whereby, the application for amendment of plaint in the Head note as well as prayer clause and addition of para No.2-A filed by the petitioner/plaintiff was dismissed.

2.

Learned counsel for the petitioner inter alia contends that the amendment being sought in the plaint is merely technical in nature. Neither any fresh facts have been pleaded nor any evidence qua the same is warranted. He submits that during pendency of the suit proceedings, new Panchayat has been constituted and therefore, the newly elected Sarpanch of the Panchayat is sought to be impleaded.

3.

Given the nature of order being passed, there is no necessity to issue notice to the respondents as no prejudice would be caused to them. Notice to the respondents is dispensed with.

4.

Heard.

GURPREET KAUR 2022.02.25 16:07 I attest to the accuracy and integrity of this document

5.

In view of the aforesaid statement of learned counsel for the petitioner, the revision petition is allowed. The petitioner be given one opportunity to place on record his amended plaint. It is, however, made clear that the petitioner shall not be allowed any fresh evidence to be adduced qua the amendment which has been allowed vide instant order. (ARUN MONGA) JUDGE 25.02.2022 gurpreet Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No GURPREET KAUR 2022.02.25 16:07 I attest to the accuracy and integrity of this document