LAL CHAND SAINI Vs. MUNICIPAL COMMITTEE MAHENDERGARH

JUDGEMENT

(1.) Present petition is filed challenging order dated 5.4.2010 passed by Civil Judge (Jr. Divn.) Mahendergarh whereby the application of the plaintiff seeking amendment in the plaint was rejected.

(2.) The brief facts of the present case are that plaintiffpetitioner has filed a suit for permanent prohibitory injunction against the defendants on 1.8.2003. During the pendency of the suit, it came into the notice of the plaintiff that defendants have issued one letter dated 12.8.2003 informing the plaintiff about the cancellation of the shop and further directing the Secretary, Municipal Committee, Mahendergarh for auctioning the disputed shop. Plaintiff moved an application before the trial Court seeking amendment in the plaint incorporating pleadings regarding issuance of the notice dated 12.8.2003 in the plaint and further pleading to the effect that notice dated 12.8.2003 is wrong, illegal, null and void. This amendment sought by the plaintiff was declined by learned trial Court.

(3.) Learned counsel for the petitioner states that no further evidence is required and just to avoid technicalities, plaintiff wants to plead about the factum of issuance of notice dated 12.8.2003 and about the illegality of the notice dated 12.8.2003. Learned counsel for the petitioner further states that factum of issuance of notice dated 12.8.2003 is admitted to the defendants and they are not denying existence of the notice dated 12.8.2003.