BRAHM DUTT SHARMA Vs. MURTI DEVI

JUDGEMENT

(1.) (Oral) Present petition is filed challenging the order dated 12.11.2009 passed by learned Civil Judge (Junior Division), Kaithal, whereby application moved by the plaintiff ? petitioner seeking amendment in the plaint correcting total area of the disputed land, was rejected. The brief facts of the present case are that plaintiff has filed suit for declaration and injunction saying therein that there was a partition between the parties. In the plaint, area of the suit land was mentioned as 231 kanals 17 marlas. From the perusal of the pleadings and material available on the record, it seems that there is no dispute about the identity of the disputed land. By way of the amendment, plaintiff wants to correct the area of the disputed land from 231 kanals 17 marlas to 314 kanals 12 marlas. Once there is no dispute about the identity of the land, then area should be permitted to be corrected on the record for the fair adjudication of the case. In the opinion of this Court, correcting the disputed property, identity of which is not in dispute will not amount to change of the disputed property and change of the nature of the suit. Consequently, petition is allowed. Application moved by the plaintiff seeking amendment in the plaint also stands allowed. Plaintiff shall file amended plaint within 10 days from today. Defendants shall also file additional written statement within 10 days thereafter. Trial Court shall be at liberty to permit both the parties to lead additional evidence, if so required. Plaintiff shall pay Rs.5,000/- as costs to the defendants within 10 days from today.