KISHAN SINGH Vs. SHANKAR SINGH

JUDGEMENT

(1.) Plaintiff Kishan Singh has invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing the instant revision to assail order dated 20.7.2010, Annexure P/5, passed by learned Additional Civil Judge (Senior Division), Nakodar thereby dismissing application Annexure P/3 moved by plaintiff-petitioner for amendment of plaint Annexure P/1.

(2.) Plaintiff in the suit alleged that about nine years before filing of the suit, defendant-respondent Shankar Singh gave 3 marlas land comprised of khasra no. 21//4/2 (0-2) and 4/4/2 (0-1) in exchange of 3 marlas land given by the plaintiff to the defendant. By amendment of plaint, the plaintiff sought correction of khasra no. 21//4/2 to 21//4/1/2 alleging that there is clerical error in writing the said khasra number in para no. 1 of the plaint.

(3.) Defendant-respondent by filing reply Annexure P/4 opposed the aforesaid application. It was alleged that the application was belated and the application cannot be allowed in view of proviso to Order 6 Rule 17 of the Code of Civil Procedure (in short, CPC) because the amendment application was moved after both parties have led their evidence i.e. after commencement of trial.