KISHORI LAL Vs. SAVITA RANI

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioner has assailed order dated 04.05.2019, passed by the Court of learned Civil Judge, Dalhousie, District Chamba, H.P. in CIS Case No. 155/2019 in Civil Suit No. 332/13, titled as Smt. Savita Rani Vs. Shri Kishori Lal, vide which, an application filed under Order 6, Rule 17 read with Section 151 of the Code of Civil Procedure by the Smt. Savita Rani, predecessor in interest of the present respondents (hereinafter referred to as 'the respondent'), has been allowed.

(2.) Brief facts necessary for the adjudication of present petition are that respondent Smt. Savita Rani initially filed a suit for injunction against the petitioner herein. Record demonstrates that during the pendency of the suit, an application was filed under Order 26, Rule 9 of the Code of Civil Procedure, pursuant to which, a Local Commissioner was appointed. His report was to the effect that some part of the suit land stood encroached upon by the petitioner herein. In this background, though with some delay, an application stood filed under Order 6, Rule 17 read with Section 151 of the Code of Civil Procedure by the plaintiff for amendment of the plaint, inter alia, to the effect that as there was report of the Local Commissioner that part of the suit land stood encroached upon by the defendant, therefore, the plaintiff be permitted to suitably amend the plaint and also seek relief of possession. This application has been allowed by the learned Trial Court by way of the impugned order.

(3.) Learned counsel for the petitioner has argued that while allowing the application, learned Trial Court has erred in not appreciating that the plaintiff had not approached the Court within some reasonable time as from the date when the report of the Local Commissioner stood received by the Court. He has further argued that even otherwise, there is always ample scope with the learned Trial Court to grant the relief which was being sought by way of amendment.