GURPAL SINGH Vs. KAMALJIT KAUR

JUDGEMENT

(1.) This revision petition has been filed under Art. 227 of the Constitution of India for setting aside the impugned order dated 28.02.2017 passed by the Civil Judge (Junior Division), Phillaur, Jalandhar, whereby, the application filed under Order 6, Rule 17 Code of Civil Procedure for amendment of plaint has been dismissed.

(2.) Briefly, the facts of the case are that the petitioner, through his brother, namely, Sh. Harbans Singh, had purchased the land measuring 3 kanals 10 marlas 6.5 sarsai, out of total property along with all rights having Electric Motor Connection in the land, in dispute. Defendant/respondents threatened the petitioner to disconnect, transfer, shift or to sell out the tubewell connection or to create hindrance in use of tubewell connection. The petitioner filed a suit for permanent injunction restraining the defendants from transferring, shifting and disconnecting the Electric Tubewell/Submersible Motor Connection bearing No.APR 102 of 7.5 HP and also for restraining the defendants from interfering into peaceful enjoyment and usage of the plaintiff.

(3.) Written statement to the suit was filed and thereafter, replication to the written statement was also filed. However, during pendency of the suit, the application was moved for correction of Tubewell/Submersible Motor Connection number as due to typographical mistake, it was mentioned as 'APR-102' in stead of "R-174 AP". Said application was dismissed by the trial Court vide order dated 28.02.2017, which is subject matter of challenge in the present petition.