LAWS(P&H)-2007-4-68

SUKHBIR Vs. TARA CHAND

Decided On April 17, 2007
SUKHBIR Appellant
V/S
TARA CHAND Respondents

JUDGEMENT

(1.) THIS Civil Revision by petitioner/plaintiff, filed under Article 227 of the Constitution of India, is directed against order dated January 24,2007, whereby an application of the petitioner for seeking amendment of the plaint has been dismissed. Without going into any further details, suffice it to say that the suit property has been shown to have been marked as EFGH in the site plan, but in the site plan, letters EFGH have not been marked . The only amendment sought by the petitioner/plaintiff is just to show the site plan by marking the aforesaid letters EFGH. Faced with this situation, it is observed that allowing of the amendment is necessary for deciding the real controversy between the parties and at the same time, amendment sought by the petitioner/plaintiff would not change the structure of the Civil Suit before the trial Court. In view of my foregoing discussion, this Civil Revision is allowed and consequently, the amendment sought by the petitioner/plaintiff is allowed subject to payment of Rs.1000.00 as costs.