SACHIN CHUGH AND ANOTHER Vs. IMPROVEMENT TRUST

JUDGEMENT

(1.) IN this revision petition filed by plaintiffs under Article 227 of the Constitution of India, challenge is to order dated 17.9.2012 Annexure P/4 passed by the trial court thereby dismissing application Annexure P/2 filed by the plaintiffs for amendment of plaint. In the suit, plaintiffs have inter alia challenged notice dated 1.2.2007 issued by defendant/respondent Improvement Trust, Hisar demanding additional price for the shop which has been purchased by the plaintiffs from its previous owner Ishwar Dutt to whom it was allotted by the defendant. The additional price has been demanded on the ground of enhancement of compensation for the acquired land of the Scheme in which the shop is situated. The plaintiffs have pleaded 11 grounds in paragraph 6 of the plaint, besides grounds pleaded in other paragraphs of the plaint to challenge the said notice.

(2.) THE plaintiffs alleged in the amendment application that they have now been able to seek some more information which was earlier not in their knowledge and therefore, they want to add four more grounds in paragraph 6 of the plaint to challenge the aforesaid notice.

(3.) LEARNED trial court vide impugned order Annexure P/4 has dismissed the amendment application as it was moved after commencement of trial. Feeling aggrieved, plaintiffs have filed the instant revision petition to challenge the said order.