KAMAL SINGH Vs. JOINT COMMISSIONER

JUDGEMENT

(1.) Challenge in the instant revision petition is to order dtd. 5/5/2023 (Annexure P-1) passed by the Court of Civil Judge, Junior Division, Faridabad whereby an application filed by the petitioner/plaintiff seeking amendment of the plaint under Order 6 Rule 17 CPC has been dismissed.

(2.) Counsel for the petitioner has inter alia contended that initially, the petitioner filed suit for declaration to the effect that notice dtd. 24/10/2016 issued by respondent No.2-Municipal Corporation under Sec. 261 of Haryana Municipal Corporation Act, 1994 is null and void and is not binding on the petitioner and further declaration to the effect that order dtd. 21/4/2017 passed by respondent No.1-Joint Commissioner, is also illegal, null and void and a decree for permanent injunction restraining the defendants from encroaching/demolishing the suit property and a decree for mandatory injunction directing the defendants to withdraw impugned notice dtd. 24/10/2016. It has been further submitted that the suit is being contested by the defendants/respondents and that the learned trial Court directed the parties to maintain status quo with regard to property in question.

(3.) Counsel for the petitioner has further contended that however, during the pendency of the suit, the defendants illegally demolished the suit property in violation of the aforesaid order of status quo passed by the learned trial Court; that on account of said subsequent events, the petitioner intends to amend the plaint in order to seek directions to the defendants/respondents to restore the suit property to its original position as was on the date of filing the suit and accordingly, an application for amendment of the plaint was filed under Order 6 Rule 17 CPC; that, however, the said application has been dismissed by the learned trial Court vide impugned order (Annexure P-1) on the ground that the proposed amendment has been sought at the belated stage and further, the petitioner has not exercised due diligence in filing the application seeking amendment of the plaint. The trial Court while dismissing the application for amendment of the plaint, further observed that it is not mentioned by the plaintiff that he wants to make changes in the plaint which can justify addition of the prayer clause and merely addition in the prayer clause of the plaint without amendment in the plaint does not make any sense as in the original plaint, there is no mention regarding demolition of the house by the defendants. Counsel for the petitioner further submits that the proposed amendment is not barred under the provisions of law and that no prejudice is going to be caused to the opposite party if the proposed amendment is allowed. He further submits that the suit is at its initial stage as till date, no witness has been examined on behalf of the petitioner. So, prayer is made that the present petition be allowed and the petitioner be permitted to amend the plaint to the extent as stated above.