SOHAN SINGH Vs. SURJIT SINGH GREWAL

JUDGEMENT

(1.) The petitioner-plaintiff is aggrieved of the impugned order dated 1.9.2014 whereby application seeking amendment of the plaint in a suit for permanent injunction seeking restraint order against the respondent-defendant his agents, associates, servants, employees etc. not to interfere in the peaceful possession of the suit property has been dismissed.

(2.) Learned counsel appearing on behalf of the petitioner submits that due to typographical error and inadvertence the date of tenancy has been mentioned as 1992 instead of 2002. Even the issues have not been framed. When the application was filed the suit was at the initial stage, yet the trial court declined the application.

(3.) He further submits that as per the interim order the evidence in support of the claim in the suit has been filed in terms of proposed amendment, thus urges this Court that the amendment is most innocuous and does not alter and change nature of the suit much less amounts to withdrawal of admission as the case set up by the defendant before the trial court and this Court is that the plaintiff has not been inducted as a tenant but only care taker, therefore seeking amendment regarding the tenancy is material though in cross examination this fact of the plaintiff has not been denied.