CR-495-2019 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 213 Rameshwar Singh Yadav Gram Panchayat, Village Teekli CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. 1. plaintiff under Article the order dated 16.10.2018 (Annexure P Judge (Junior Division), Gurugram, whereby the app 31.05.2016 (Annexure P plaint, along with judgment and decree dated 05.08.2014, dismissed. 2. for permanent injunction dated 05.08.2014 (Annexure P inadvertently, in the measuring Bigha 0 Biswa. As such, NIL (Annexure P Judge (Junior Division), Gurgaon, seeking correction of the judgment and 2019 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Rameshwar Singh Yadav Versus Panchayat, Village Teekli CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Gourav Goel, Advocate for the petitioner. Mr. NP Singh, Advocate for the respondent. NIDHI GUPTA, J. (ORA) Challenge in the present Revision Petition filed under Article 227 of the Constitution of India the order dated 16.10.2018 (Annexure P-12) passed by the learned Civil Judge (Junior Division), Gurugram, whereby the app 31.05.2016 (Annexure P-11) filed by the petitioner along with judgment and decree dated 05.08.2014, Brief facts of the case are that for permanent injunction which was decreed vide judgment and decree dated 05.08.2014 (Annexure P-2). It is the contention of the petitioner that inadvertently, in the plaint the suit land has been mentioned as 12 Kanal 0 Marla; whereas in actual fact the same is 12 Bigha 0 Biswa. As such, petitioner had filed NIL (Annexure P-3) under Section 152 CPC Judge (Junior Division), Gurgaon, seeking correction of the judgment and IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-495-2019 (O&M) Date of Decision: 18.07.2025 .…Petitioner ....Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Gourav Goel, Advocate for the petitioner. Mr. NP Singh, Advocate for the respondent. Challenge in the present Revision Petition filed by the of the Constitution of India, is for setting aside 12) passed by the learned Civil Judge (Junior Division), Gurugram, whereby the application dated filed by the petitioner for amendment of along with judgment and decree dated 05.08.2014, has been Brief facts of the case are that the petitioner had filed a suit was decreed vide judgment and decree 2). It is the contention of the petitioner that suit land has been mentioned to be whereas in actual fact the same is 12 petitioner had filed the first application dated under Section 152 CPC before the learned Civil Judge (Junior Division), Gurgaon, seeking correction of the judgment and by the is for setting aside 12) passed by the learned Civil lication dated for amendment of has been suit was decreed vide judgment and decree 2). It is the contention of the petitioner that to be the first application dated Civil Judge (Junior Division), Gurgaon, seeking correction of the judgment and RISHU KATARIA 2025.07.22 09:22 I attest to the accuracy and authenticity of this order/judgment. CR-495-2019 (O&M) decree sheet said application was dismissed v (Annexure P way of revision petition bearing No. CR which was dismissed as withdrawn vide order dated (Annexure P application before the lea filed the present/second application dated before the learned trial Court order dated dismissed the said application 3. the pendency of the present revision petition, the appeal filed by the respondent against the judgment and decree dated 05.08.2014 (Annexure P-2) has also Gurugram, vide judgment and decree dated aforesaid judgment and decree dated which is taken on record. 4. amendment in plaint/correction in the judgment and decree dated 05.08.2014 (Annexure P material to the dispute in hand conformity with the Revenue Record owner in possession of examination mentioned that 2019 (O&M) -2- decree sheet. After filing of reply (Annexu said application was dismissed vide order dated (Annexure P-5). Thereafter, the petitioner had approached this Court by way of revision petition bearing No. CR which was dismissed as withdrawn vide order dated (Annexure P-10). However, liberty was granted to file amendment application before the learned trial Court. Accordingly, the petitioner has filed the present/second application dated before the learned trial Court for amendment in plaint. Vide order dated 16.10.2018 (Annexure P-12) dismissed the said application. It is pointed out by learned counsel for the parties that during the pendency of the present revision petition, the appeal filed by the respondent against the judgment and decree dated 05.08.2014 (Annexure also been dismissed by the learned Additional District Ju , vide judgment and decree dated aforesaid judgment and decree dated 17.04.2025 is taken on record. It is submitted by learned counsel for the petitioner that amendment in plaint/correction in the judgment and decree dated 05.08.2014 (Annexure P-2) of the trial Court is material to the dispute in hand. It is submitted that the decree conformity with the Revenue Record in which petitioner is recorded to be owner in possession of 1/6 share of 12 Bigha 0 Biswa of land. examination-in-chief (Annexure P-6), the petitioner has mentioned that he is owner in possession of After filing of reply (Annexure P-4) by the respondent, the ide order dated 19.04.2016 petitioner had approached this Court by way of revision petition bearing No. CR-3393-2016 (Annexure P-9) which was dismissed as withdrawn vide order dated 12.05.2016 . However, liberty was granted to file amendment rned trial Court. Accordingly, the petitioner has filed the present/second application dated 31.05.2016 (Annexure P-11) for amendment in plaint. Vide the impugned 12), the learned trial Court has It is pointed out by learned counsel for the parties that during the pendency of the present revision petition, the appeal filed by the respondent against the judgment and decree dated 05.08.2014 (Annexure been dismissed by the learned Additional District Judge, , vide judgment and decree dated 17.04.2025. A copy of the .04.2025, is handed over in Court learned counsel for the petitioner that the amendment in plaint/correction in the judgment and decree dated 2) of the trial Court is technical in nature, and . It is submitted that the decree has to be in in which petitioner is recorded to be 12 Bigha 0 Biswa of land. Even in his the petitioner has categorically sion of suit land measuring 12 Bigha 4) by the respondent, the 19.04.2016 petitioner had approached this Court by 9) 12.05.2016 . However, liberty was granted to file amendment rned trial Court. Accordingly, the petitioner has 11) impugned t has It is pointed out by learned counsel for the parties that during the pendency of the present revision petition, the appeal filed by the respondent against the judgment and decree dated 05.08.2014 (Annexure dge, . A copy of the the amendment in plaint/correction in the judgment and decree dated technical in nature, and in in which petitioner is recorded to be Even in his categorically 12 Bigha RISHU KATARIA 2025.07.22 09:22 I attest to the accuracy and authenticity of this order/judgment. CR-495-2019 (O&M) 0 Biswa to the extent of 1/6 share. same has been incorrectly mentioned in the pleadings. the respondent does not deny this and e to the respondent by correction of record. correction in the plaint be permitted in the interest of justice. 5. vehemently resist petitioner and submits that the petitioner is constantly changing his stances from time to time and now examination is measuring revision petition be dismissed. 6. 7. to interfere in the matter case is only with regard to of the suit land, this the learned District Judge, Gurugram, only for determining the issue qua measurement of the Judge, Gurugram, on 8. 9. 18.07.2025 rishu 2019 (O&M) -3- to the extent of 1/6 share. However, due to inadvertent error, the same has been incorrectly mentioned in the pleadings. the respondent does not deny this and even no prejudice would be caused to the respondent by correction of record. It is accordingly prayed that the correction in the plaint be permitted in the interest of justice. On the other hand, learned counsel for the respondent vehemently resists the aforesaid prayer made by learned counsel for the petitioner and submits that the petitioner is constantly changing his stances from time to time and now is examination-in-chief (Annexure P-6) wherein he is measuring ‘12 Bigha 0 Marla’. It is accordingly prayed that the present revision petition be dismissed. Heard. In view of the facts as noted above, this Court is not inclined to interfere in the matter on merits. As the issue involved in the only with regard to the correct determination of the measurement of the suit land, this Court deems it appropriate to remand the case back to the learned District Judge, Gurugram, only for determining the issue qua measurement of the suit land. Parties to appear before the learned District Judge, Gurugram, on 21.08.2025. The instant revision petition stands Pending application(s), if any, shall 18.07.2025 Whether speaking/reasoned Whether Reportable However, due to inadvertent error, the same has been incorrectly mentioned in the pleadings. It is submitted that ven no prejudice would be caused It is accordingly prayed that the correction in the plaint be permitted in the interest of justice. On the other hand, learned counsel for the respondent aforesaid prayer made by learned counsel for the petitioner and submits that the petitioner is constantly changing his is taking stance contrary to his 6) wherein he has stated that suit land It is accordingly prayed that the present above, this Court is not inclined on merits. As the issue involved in the present the correct determination of the measurement it appropriate to remand the case back to the learned District Judge, Gurugram, only for determining the issue qua Parties to appear before the learned District The instant revision petition stands disposed of, accordingly. Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No However, due to inadvertent error, the It is submitted that ven no prejudice would be caused It is accordingly prayed that the On the other hand, learned counsel for the respondent aforesaid prayer made by learned counsel for the petitioner and submits that the petitioner is constantly changing his taking stance contrary to his and It is accordingly prayed that the present above, this Court is not inclined the correct determination of the measurement it appropriate to remand the case back to the learned District Judge, Gurugram, only for determining the issue qua Parties to appear before the learned District RISHU KATARIA 2025.07.22 09:22 I attest to the accuracy and authenticity of this order/judgment.