JAGJEET SINGH Vs. GEJA SINGH

JUDGEMENT

(1.) The petitioner has preferred this Revision Petition against the order dtd. 20/4/2018 passed by Additional Civil Judge (Sr. Division)-cum-Sub Divisional Judicial Magistrate, Dabwali vide which the application under Order 6 Rule 17 CPC for amendment of the plaint was rejected.

(2.) Plaintiff filed a suit for declaration to the effect that there is a passage having width of 2 karams X 72 karam through the land comprised in Khewat No.806, Khatoni No.1043, Rect. No.160 Killa No.8/1/2(0-8), 13/2(7-12), on eastern side situated within the revenue estate of Village Maujgarh, Tehsil and District Sirsa as per Jamabandi for the year 2012-13 and the said passage is in existence and running since the last more than 20 years and the plaintiff has been using the said passage to have access to his land.

(3.) Permanent injunction was also sought seeking to restrain the defendant from causing any type of indulgence in the smooth running of the passage in dispute. While drafting the pleadings of the plaint the word 'eastern' has been recited in place of word 'western'. After completion of the pleadings, evidence of the plaintiff is going on before the trial Court. At this stage an application for amendment of the plaint was moved seeking to replace word 'eastern' by word 'western' on the strength of agreement to sell, which was executed between the predecessor of the petitioner/respondent No.1. The agreement to sell has clear recital of the passage being in existence towards western side. Necessary recital of the agreement to sell is to the following effect:-