KARNAIL SINGH Vs. KULDIP SINGH

JUDGEMENT

(1.) THIS petition has been directed against the order dated 1.9.1997 pased by Additional Civil Judge (SD), Giddarbaha. By this order, the learned trial Court has dismissed the application filed on behalf of the plaintiff under order 6 Rule 17 CPC for amendment of the plaint. Notice of this petition was issued to the respondents.

(2.) MR . Gill, the learned counsel appearing on behalf of the petitioner submits that in the original plaint, the plaintiff had taken the plea that he was owner in possession and in the application for amendment he has only sought an alternative relief to the effect that in case he is found not in possession of the suit land, he should be delivered the possession of the suit land. He further submits that the alternative plea by way of amendment can be taken by the plaintiff. In support of his submission, the learned counsel has placed reliance on a judgment of this court in Sardar Singh v. Smt. Gulwant Kaur, 1989(1) PLR 672.