NATHI RAM @ NATHA Vs. MOHINDER SINGH

JUDGEMENT

(1.) PLAINTIFF Nathi Ram @ Natha has filed this revision petition under Section 115 of the Code of Civil Procedure (in short ­ CPC) assailing order dated 28.05.2013 passed by the trial court, thereby dismissing application (Annexure P-1) filed by the plaintiff for amendment of plaint.

(2.) THE plaintiff alleged in the amendment application that due to typographical error and inadvertence of counsel for the plaintiff, the facts sought to be pleaded by amendment, could not be pleaded in original plaint. Proposed amendments in plaint are specified in the application and are reproduced hereunder :-

(3.) COUNSEL for the petitioner, relying on judgment of this Court in the case of Monika vs. Sandeep reported as 2013 (2) Civil Court Cases 496 (P&H), contended that typographical error can be rectified by amendment of pleading even after commencement of trial. Placing reliance on another judgment of this Court namely Balbir Singh and others vs. Rakesh Kumar and another reported as 2013 (3) Civil Court Cases 035 (P&H), it was contended that amendment of pleading can be allowed even after commencement of trial, if the Court comes to the conclusion that in spite of due diligence, the party could not have raised the issue before commencement of trial. Reliance has also been placed on a judgment of Hon'ble Supreme Court, passed in the case of Abdul Rehman and another vs. Mohd. Ruldu and others reported as 2012 (4) RCR (Civil) 481.