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Dharamshala known as Gurdwara v. Gram Panchayat of Village Bhagwanpura & - CR-2464-2004  RD-P&H 3048 (10 May 2006)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.2464 of 2004
Date of decision: May 12, 2006.
Dharamshala known as Gurdwara
Gram Panchayat of Village Bhagwanpura & Ors.
Present: Shri K.S. Dhillon, Advocate for the petitioner.
Shri J.S. Verka, Advocate for respondent No.1.
Shri B.S. Sewak, Dy. Advocate General, Punjab for respondents No.2 to 5.
Surya Kant, J. (Oral)
This revision petition has been directed against the order dated 8.12.2003 passed by the Additional Civil Judge (Senior Division), Patti whereby an application under Order 6 Rule 17 CPC moved by the plaintiff- petitioner was partly allowed. Whereas the petitioner was permitted to incorporate the relief of possession and mandatory injunction, its prayer for amendment to the effect that "Dharamashala is also known as Gurdwara", has been declined on the ground that this fact was in the knowledge of the petitioner from the very beginning and, therefore, as a vigilant litigant, it ought to have averred all the material facts.
Notice of motion was issued and in response thereto, respondents have put in appearance.
Learned State Counsel, as well as learned counsel for the Gram Civil Revision No.2464 of 2004 -: 2 :-
Panchayat have placed on record photostat copies of two registration certificates which clearly depict that there are two separate societies registered under the Societies Registration Act, 1860. One society is named as "Dharamshala Committee" and the other is known as "Gurdwara Loh Mata Committee".
It is vehemently argued on behalf of the respondents that the petitioner-society, on the pretext of seeking an amendment as "Dharamshala is also known as gurdwara", wants to grab the property belonging to the societies and/or the Gram Panchayat.
After hearing Learned Counsel for the parties, and having regard to the nature of amendment sought by the petitioner, I am not inclined to interfere in the impugned order passed by the learned trial court.
Prima-facie, it appears that there are two societies having separate legal entities, therefore, the Dharamshala cannot be known as Gurdwara.
However, the observations made hereinabove shall have no bearing on the merits of the suit.
May 12, 2006. [ Surya Kant ]
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