PARGAT SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) THROUGH this petition filed under Article 227 of the Constitution of India, the petitioner has prayed for setting aside the order dated 29.4.2008 passed by the Civil Judge (Junior Division), Patti, dismissing the application filed by the petitioner-plaintiff under Order 6 Rule 17, Civil Procedure Code, for amendment of the plaint.

(2.) I have heard learned counsel for the petitioner and have also gone through the impugned order passed by the trial court.

(3.) WITHOUT further going into the merits of the case with regard to the proposed amendment, lest it might prejudice the rights of either of the parties, to my mind, the proposed amendment in order to decide complete controversy between the parties, is necessary. In the facts and circumstances of the case, if this amendment is allowed, it would not cause injustice to the other side. Proposed amendment does not change the complexion of the suit in any manner. In the light of what has been observed above, revision petition filed by the petitioner succeeds and is allowed. Impugned order dated 29.4.2008 passed by the Civil Judge (Junior Division), Patti is set aside. However, it is made clear that after the amended plaint is filed by the petitioner, the trial court shall proceed with the case in accordance with law. Petition allowed.