High CourtsSingle Bench

Shri Kesho Masth vs Shri Tunia Ram and Others

Punjab And Haryana At Chandigarh · Decided on 15 January 1987 · Citation: (1987) 01 P&H CK 0079

HON’BLE JUDGES
S.P. Goyal, J
RESULT
Allowed
CASE NUMBER
Civil Revision No. 2544 of 1986
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Judgment

1 paragraphs · 132 words

S.P. Goyal, J.—This revision has been filed against the order of the trial Court declining the application for amendment of the plaint. The amendment sought for was that the Plaintiff wanted to correct the description of the property according to the map prepared by the Draftsman. The earlier site plan had been submitted on approximation. The amendment was declined on the ground that the Plaintiff wanted to fill the lacuna in the pleadings. The observation is wholly misconceived. All that the Plaintiff wanted to do was to describe the property properly according to the site plan prepared at the spot by a qualified person. The trial Court, thus, acted illegally in the exercise of its jurisdiction in declining the amendment. This petition is, consequently, allowed and the impugned order reversed. No costs.