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Rajinder Kumar Gupta v. Sarwan Dass & Ors - CR-3187-2006 [2006] RD-P&H 3800 (6 July 2006)

In the High Court for the States of Punjab and Haryana, at Chandigarh.

C.R.No.3187 of 2006 (O&M)

Decided on 30.5.2006.

Rajinder Kumar Gupta ...... petitioner


Sarwan Dass and others ......respondents Coram: Hon'ble Mr.Justice Pritam Pal

Present: Mr.Parveen Kumar,Advocate,for the petitioner .


Learned counsel for the petitioner contends that the plaintiff/petitioner had filed a suit for declaration to the effect that he is owner in possession of the suit land and now in order to remove the technical defect, he wants to amend his plaint by adding in the head note "in the alternative,his suit may also be considered for possession". It is further submitted that if proposed amendment is allowed,the plaintiff is not to lead any evidence nor any issue would arise from the amendment sought by him. In support of his this arguments, he has relied upon Pankaja & Anr v. Yellappa (D) by Lrs & Ors 2004 (3) Civil Court Cases 401 (S.C.)

In these given facts and circumstances of the case, I feel that no notice is required to be given to the respondents and as such, this Civil Revision is disposed of at this stage with a direction that the trial Court shall allow the aforesaid amendment and,thereafter, would proceed with the case in accordance with law without being influenced with the order passed by this Court. However, the aforesaid amendment sought by the petitioner would be subject to payment of Rs.5000/- as costs.

A copy of this order be given dasti to the learned counsel for the petitioner on payment of usual charges.

May 30,2006 (Pritam Pal)

RR Judge


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