TREHAN CONSTRUCTION Vs. UNION OF INDIA

JUDGEMENT

(1.) Present revision petition is against the impugned order dtd. 30/11/2021 (Annexure P-7) passed by learned Civil Judge (Junior Division), Amritsar, whereby, the application for amendment of plaint filed by the plaintiff/petitioner was dismissed.

(2.) Learned counsel for the petitioner submits that the plaintiff/petitioner is a contractor and had executed a work for the department but the payment has not been released to him. Hence, the petitioner filed a suit for recovery along with the relief of declaration. Upon notice, the defendant/respondents appeared before the trial Court and filed their written statement, whereby they denied the claim of the petitioner. However, during pendency of the suit, the petitioner filed an application under Order 11 Rules 12 and 14 of the CPC seeking production of documents from the defendants. Learned counsel further submits that during cross-examination, the defendants put various documents to the petitioner. On basis thereof, the petitioner moved an application seeking amendment of the plaint to correct the figures as the same were required to be rectified but the said application was declined by the learned trial Court.

(3.) On advance service, learned counsel for the respondents-Union of India, joins proceedings and opposes the petition, inter alia on the ground that since the petitioner had, at the relevant time, chosen not to file his replication and therefore, at this stage, he cannot be allowed to amend his plaint on the ground that the new information i.e. documents produced by the defendants in course of the trial has revealed that he has made wrong calculations in the plaint.