High Court of Punjab and HaryanaCR/2497/2023disposed of

Lal Singh v. Baljit Singh And ANR

2023-04-26Ms. Justice Nidhi Gupta2 pages

2023:PHHC:059397 Civil Revision No. 2497 of 2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Revision No.2497 of 2023 Date of decision :-26.04.2023 Lal Singh .....Petitioner

Versus

Baljit Singh and another .....Respondents CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Ketan Chopra, Advocate for the petitioner.

NIDHI GUPTA J. (Oral) Prayer in this Civil Revision is for setting aside the impugned order dated 17.3.2023 (Annexure P-6) passed by the Additional Civil Judge (Sr. Divn.), Dhuri, in Civil Suit No.136 of 2022 titled as 'Lal Singh vs. Baljit Singh and another', whereby the application under Order 6 Rule 17 CPC filed by the respondents for amendment of the written statement was allowed. I have heard learned counsel for the petitioner and perused the impugned order dated 17.3.2023 passed by the Additional Civil Judge (Sr. Divn.), Dhuri. The relevant part of the said order is reproduced hereunder :- "xxxx this Court is of the considered view that the present application deserves to be allowed.

Moreover, the amendment sought by defendants is simple in nature and it will not change the nature and relief of case. Hence, the application is VIJAY ASIJA 2023.04.29 15:51 I attest to the accuracy and integrity of this document

2023:PHHC:059397 Civil Revision No. 2497 of 2023 hereby allowed, subject to cost of Rs.500/- to be deposited in Legal Aid and stand disposed of accordingly. Amendment written statement already on record. Now to come up on 27.4.2023 for payment of cost by defendants and for evidence of the plaintiff. Xxxxx"

At this stage, learned counsel for the petitioner herein submits that the petitioner/plaintiff would be satisfied in case an effective opportunity is granted to him to file replication to the amended written statement filed by the defendants. In view of the above, the present petition is disposed of with a direction to the learned trial Court to grant an effective opportunity to the petitioner/plaintiff to file replication to the amended written statement.

April 26, 2023 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No VIJAY ASIJA 2023.04.29 15:51 I attest to the accuracy and integrity of this document