NIKHIL Vs. SHOURYA INDUSTRIES

JUDGEMENT

(1.) By way of this petition, the petitioner has assailed order dtd. 3/11/2025, passed by learned Senior Civil Judge, Nahan, District Sirmour, H.P., in CMA No. 728/6 of 2025, in Civil Suit No. 124/25, in terms whereof, application filed under Order VI, Rule 17 of the Civil Procedure Code (hereinafter referred to as 'CPC), by the respondent/plaintiff, stands allowed and the plaintiff stands permitted to carry out amendment in the plaint.

(2.) Brief facts necessary for the adjudication of this petition are that the respondent-plaintiff has filed a suit for permanent as well as mandatory injunction against the defendants, which is pending adjudication. The copy of the original plaint is appended with the petition as Annexure P- 1. In terms of the averments made in the plaint, a decree is sought against the defendants for restraining them from causing any interference or any sort of damage to the suit property, description whereof has been given in the plaint, comprised in khata khatauni No. 243min/335min, Khasra No. 1013/346/176/2, total measuring 1/0/0 bigha, situated at mauza Moginand, Tehsil Nahan, District Sirmour, H.P. It is a matter of record that no written statement has yet been filed to the plaint.

(3.) The suit was instituted in the month of October, 2025. Thereafter, in the month of October, 2025 itself, an application was filed by the plaintiff under Order VI, Rule 17 of the CPC, praying for amendment in the plaint. It was averred the application that due to inadvertence and typographical error, the khasra number mentioned in the plaint was khasra No. 1013/346/176, measuring 00-16- 00 bighas instead of khasra no. 1018/346/176, measuring 2/19/0 bighas, as per copy of Jamabandi for the year 2008-2009 and and a prayer was accordingly made that the proposed amendment be allowed to be incorporated in the plaint.