KANWALPREET SINGH Vs. GURPREET KAUR

JUDGEMENT

(1.) Present revision petition has been filed under Article 227 of Constitution of India praying for setting aside the order dated 28.01.2021 passed by the Additional Civil Judge (Sr. Division) Fazilka, District Fazilka in Civil Suit No.1322, then assigned CS No.805 of 09.10.2017 titled as Gurpreet Kaur versus Kanwalpreet Singh and another by which the application for amendment of the plaint filed by the respondent-plaintiff Gurpreet Kaur has been allowed.

(2.) Learned counsel for the petitioner has submitted that vide impugned order the learned Additional Civil Judge (Sr. Division) Fazilka has exceeded its jurisdiction by allowing the amendment under Order VI Rule 17 CPC because the allowing of the amendment has in fact changed the nature of the suit and furthermore, the amendment could not have been allowed because it was barred by limitation. He has further submitted that civil suit was filed for recovery of money being value of dowry/articles/stridhan as well as the amount spent at the time of Ring ceremony, Shagan as well as marriage and therefore, the present amendment will be barred by limitation.

(3.) I have heard the learned counsel for the petitioner.