RAJEEV SINGLA Vs. MANJIT SINGH

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 08.09.2016 passed by the learned Additional Civil Judge (Sr. Division), Bathinda, whereby the application moved by the petitioner-plaintiff under Order 6, Rule 17 of the Code of Civil Procedure, 1908 (for short 'CPC') for amendment of the plaint has been dismissed.

(2.) I have heard Mr. Deepak Aggarwal, Advocate, learned counsel for the petitioner and have carefully gone through the paper book.

(3.) Learned counsel for the petitioner contended that the present suit was filed by the petitioner for possession of the land/plot in dispute. During the pendency of the suit, the alienation was made. The subsequent suit has been filed to challenge the said alienation. He contended that in the present suit, due to bona fide inadvertence and oversight, plaintiff forget to mention the para with respect to the cause of action, which is only a technical defect. The plaintiff-petitioner only wants to amend the plaint to incorporate the para regarding the cause of action, which will not change the nature of the suit and in case the amendment is allowed, plaintiff-petitioner will not lead any fresh evidence.