Ram Singh vs Kartar Singh and Another

J.V. Gupta, J.—This petition is directed against the order of the trial court dated September 14, 1987 whereby the application for amendment of the plaint was dismissed.

The plaintiff wanted to amend the plaint to add certain khasra numbers therein. This was resisted on behalf of the defendant primarily on the ground that the objection to this effect was taken about a year prior to the filing of this application but the plaintiff did not intentionally seek amendment at that time. This objection prevailed with the trial Court and hence dismissed the application.

At the time of motion hearing on November 26, 1987 further proceedings before the trial court were stayed and ultimately the petition was admitted after notice of motion. After going through the order of the trial court I find that the approach was wholly wrong. The plaintiff wanted to incorporate certain khasra Numbers which were left out earlier and for which the objection was taken by the defendant in his written statement. In case the application was belated, the plaintiff should have been burdened with heavy costs. Consequently this petition succeeds, the impugned order is set aside and the application for amendment of the plaint is allowed on payment of Rs. 300/- as costs.

It is further directed that the parties will lead their evidence, if any, at their own responsibility, though dasti summons may be given if so desired as contemplated under Order 16 Rule 7A of Civil Procedure Code.

The parties have been directed to appear in the trial court on February 6, 1989.