BALJEET Vs. AJIT SINGH

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 16.10.2013 (Annexure P/6) passed by leaned Civil Judge (Junior Division), Sonepat, whereby application for amendment of the plaint filed by the respondent No. 1 -plaintiff has been allowed. Brief facts relevant for disposal of the present petition are that respondent No. 1 -plaintiff has filed a suit for declaration to the effect that he is adopted son of defendant No. 3 and permanent injunction. During the pendency of the suit, parties were afforded opportunity to lead their evidence. Thereafter, plaintiff came to know that certain facts with regard to a previous suit have not been pleaded which are material for just decision of the case and application for amendment was moved which has been allowed vide impugned order dated 16.10.2013 (Annexure P/6) by the learned trial Court. Hence, this revision petition.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) ON the other hand, learned counsel for respondent No. 1 -plaintiff submits that the amendment sought is only clarificatory in nature. No evidence pertaining to amendment will be led by the plaintiff except the documentary evidence in the shape of public documents. No prejudice will be caused to the petitioner -defendant as he will have an opportunity to rebut the same. Learned counsel for respondent No. 1 further contended that in view of latest judgment of Hon'ble Supreme Court in Abdul Rehman and another v. Mohd. Ruldu and others, : 2012 (4) RCR (Civil) 481, the basic power to allow the amendment is wide and can be exercised at any stage of the proceedings in the interest of justice. The main purpose of allowing the amendment is to minimize the litigation and the plea that the relief sought by way of amendment was barred by time is to be considered in the light of facts and circumstances of each case. The amendment is necessary for just decision of the case and to resolve the controversy pending between the parties. Learned counsel further submits that another suit is pending which has to be decided along with this suit. The amendment is in the interest of both the parties to completely resolve the controversy and is necessary to meet the ends of justice.