HARINDER PAL SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) This revision is directed against the order dated 25.5.1999 passed by the learned Additional Civil Judge (Senior Division), Kharar.

(2.) The plaintiff Kuldeep Singh had filed a suit for possession by way of ejectment from the premises in dispute against the petitioner herein. It was stated that the defendant No. 1 in the suit was in arrear of rent/damage to the extent of Rs. 16,500/- and had sub let the premises in question. The suit was contested by the defendant, who took objections on merits. It was pleaded that there was no valid and proper notice terminating the tenancy. It was also pleaded that the suit was bad for non-joinder of necessary parties. On the pleadings of the parties, issues were framed, following of which are relevant for this petition:-

(3.) The parties, in fact, even led the evidence in support of their respective cases. However, an application for amendment of the plaint was filed by the plaintiff-respondent No.1 herein praying that defendant No.2 is a partnership concern and Ms. Manjeet Kaur is one of the partners. With an intention to avoid any technical defect and frustration of the decree even if the plaintiff succeeds, it had become necessary to amend the plaint. This application for amendment was contested by the defendant and the learned trial Court, vide its order dated 25.5.1999, allowed the said application subject to payment of Rs. 300/- as costs. This order is impugned in the present revision petition.