PIARA SINGH Vs. SANTOKH SINGH

JUDGEMENT

(1.) THE present revision petition is directed against the order passed by the learned Additional Civil Judge (Sr. Division), Ajnala dated 5. 4. 1997. By virtue of the impugned order the learned trial Court had dismissed the application filed by the petitioner-plaintiff seeking amendment of the plaint.

(2.) THE relev at facts are that petitioner-plaintiff Piara Singh had filed a suit for permanent injunction to restrain the respondents from interfering in his peaceful possession over the plot in question situated in village Chak Sikandar, Tehsil Ajnala. During the pendency of the suit the petitioner submitted an application that on 25. 8. 1993, an order has been passed directing the parties to maintain status quo. Respondent No. 1 was alleged to be working in the Police Department. On 31. 8. 1993 he detained the petitioner in police custody and obtained a writing from him that he is not in possession of the suit property. Thereupon, he took forcible possession of the suit property and raised construction of one room. He even installed a hand-pump. Keeping in view the said facts, the petitioner wanted to amend the plaint and add the relief by seeking possession of the suit property.

(3.) THE learned trial Court held that if the amendment is allowed, it will change the nature of the suit and consequently the amendment application was dismissed.