GOPAL SINGH @ BALDEV SINGH Vs. PARKASH CHAND

JUDGEMENT

(1.) The order dated 17.07.2017, Annexure P-3, passed by learned Civil Judge (Jr. Division) , Court No.I, Dharamshala, District Kangra, H.P., in an application under Order 6 Rule 17 C.P.C., filed in Civil Suit No.147 of 2012, is under challenge in this petition. The petitioner, herein, is the plaintiff in the trial Court. The suit he filed for decree of declaration is pending disposal in the trial Court. The same presently is at the stage of recording plaintiff's evidence. According to learned counsel, only one witness, namely Joginder Singh (PW-1) , Central Head Teacher, has been examined in the suit. It is from the record produced by the said witness, the petitionerplaintiff came to know that his name in the School record has been recorded as Baldev Singh and this has necessitated the amendment in the memo of parties and also in the prayer clause of the plaint.

(2.) The application has been resisted and contested on the grounds, inter-alia, that the same has been filed at a belated stage. Also that the plaintiff has already produced the evidence and the defendantrespondent may not have the opportunity to crossexamine the witnesses already examined by the plaintiffpetitioner. It is further submitted that allowing the correction of the name of the plaintiff-petitioner in the memo of parties and also in the prayer clause of the plaint, is likely to change the nature of the suit.

(3.) Learned trial Judge, on having gone through the provisions contained under Order 6 Rule 17 CPC and believing the version of the respondent-defendant in the reply to the application as correct, has concluded that the application being belated deserves dismissal. The same, thus, has been dismissed vide order under challenge in this petition.