JASPAL SINGH Vs. BHARPUR SINGH

JUDGEMENT

(1.) THIS civil revision petition has been directed against the order dated 22.10.1997 passed by the Civil Judge, Junior Division, Samrala. By this order, the learned trial Court has dismissed the application filed by the petitioner-plaintiff under Order 6 Rule 17 for amendment of the plaint. Notice of this petition was issued to the respondents.

(2.) AFTER hearing the learned counsel for the parties and having perused the impugned order, I am of the opinion that the impugned order is not legally sustainable as the petitioner-plaintiff had sought amendment of the plaint only to the extent he wants to add para 5-A which reads as under;-

(3.) IN view of the above discussion, the petition is allowed subject to payment of costs of Rs. 1000/- and the impugned order dated 22.10.1997 passed by the learned trial Court is set aside. Resultantly, the application filed the petitioner-plaintiff under Section 6 Rule 17, CPC stands allowed. The view I have taken, finds full support from the judgment of the Supreme Court in Gajanan Jai Kishan Joshi v. Prabhakar Mohan Lal Kalwar, 1990(1) R.C.R.(Rent) 229 : 1990(1) R.R.R. 222 : 1990(2) All India Land Laws Reporter 205. Petition allowed.