DALBIR SINGH Vs. MUKESH

JUDGEMENT

(1.) Petition herein is for setting aside order dtd. 9/8/2017 (Annexure P-4)passed by Ld. Civil Judge (Jr. Division), Sonipat, whereby an application for amendment of the plaint and impleading Smt. Ishwanti wife of Ram Kumar as party, was dismissed.

(2.) Succinct facts first, as pleaded in the instant petition.

(3.) Learned counsel for petitioner argues that Ld. trial Court failed to appreciate the fact that trial of the case is yet to start as only the issues have been framed. He relies upon a catena of judgments of this Court including Vinita Chaudhary vs. M/s Real Gold Builders and another, 2019(3) Law Herald 2443; Satya vs. Babita Sharma, 2015(8) R.C.R. (Civil) 699; Sarabjit Kaur vs. Joginder Singh Bamra and others, 2016(2)PLR 720 and Parvinder Singh @ Pinda and others vs. Didar Singh, 2018 (3) PLR 699 to contend that law of procedure is meant to advance justice and not to create obstacles for advancement of justice. Therefore, proposed amendment sought is for the purpose of determining the real questions in controversy and learned trial Court ought to have allowed prayer for amendment.