High Court of Punjab and HaryanaCR/1699/2023dismissed

Ami Lal v. Ramkuwar Deceased Through Lrs (Impleaded As Respondents No. 3a To 3e-C ) And Others

2023-03-22Mrs. Justice Alka Sarin2 pages

2023:PHHC:042480

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CIVIL REVISION No.1699 of 2023 (O&M) DATE OF DECISION : 22.03.2023 Ami Lal .....Petitioner versus Ramkuwar deceased s/o Ramnarain through his LRs & Ors. .....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. J.P. Sharma, Advocate for the petitioner ..

ALKA SARIN, J. (Oral):

The present revision petition has been preferred against the order dated 24.02.2023 passed by the Additional Civil Judge (Senior Division), Mohindergarh whereby the application under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) for amendment of the plaint has been dismissed.

Learned counsel for the petitioner would contend that the petitioner by way of the amendment wishes to challenge sale deed No.3574 dated 29.01.2018 and that the said amendment is necessary since the sale deed was executed during the pendency of the suit. PARKASH CHAND 2023.03.23 10:36 I attest to the accuracy and authenticity of this order/judgment.

2023:PHHC:042480 CR-1699-2023 - 2 - Heard.

In the present case, the application for amendment has been filed at a stage when the evidence of both the parties has concluded and the case is fixed for rebuttal evidence and arguments. The application under Order 6 Rule 17 CPC was filed on 23.01.2023 (Annexure P-2). A perusal of the application reveals that the same is totally bereft of any details of the amendment which is being sought. Even the paragraphs, which the petitioner wants to add, have not been mentioned in the application. An application for amendment needs to specifically state the amendment being sought and no blanket orders can be passed on an application for amendment without clearly stating the amendment sought. In view of the fact that the application for amendment is totally bereft of any details of the amendment being sought, I do not find any illegality or infirmity in the impugned order. The revision petition is wholly devoid of any merit and is accordingly dismissed. Pending applications, if any, also stand disposed off. Dismissed.

22.03.2023 (ALKA SARIN) parkash JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO PARKASH CHAND 2023.03.23 10:36 I attest to the accuracy and authenticity of this order/judgment.