IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.261/2025 Date of Decision: 09th January, 2026. Harjinder Singh .....Petitioner Versus Cantonment Board Dalhousie Cantt and Anr. ...Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Ishan Sharma, Advocate. For the Respondents: Mr. Balram Sharma, Dy. Solicitor General of India. Bipin Chander Negi, Judge (oral). The present petition has been preferred against the impugned order dated 17.02.2025, passed by the learned Civil Judge, Dalhousie, District Shimla, whereby an application under Order 6 Rule 17 CPC read with Order 1 Rule 10(2) CPC for the amendment of the plaint and impleadment of the parties has been dismissed. 2. Heard counsel for the parties, perused the impugned order and the documents appended along with petition. 3. Copy of the plaint has been appended along with the petition at page 28 of the paper book. From a perusal of the same, it is evident that the same has been filed seeking permanent prohibitory injunction. From a further perusal of the plaint specifically para 8 thereof, it is evident 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 that a plea of adverse possession has been raised in the plaint in the said paragraph. However, no relief claiming ownership by way of adverse possession has been prayed for in the suit initially filed. 4. It is in the aforesaid backdrop that the application for amendment placed at page 19 of the paper book had been filed. In the same, relief clause qua adverse possession was intended to be added and a certain clarifications with respect to adverse possession were required to be incorporated. Further on account of claim of relief of declaration, the Central Government to whom a legal notice under Section 80 CPC has been sent, claiming the said relief and the brother and the sisters of the plaintiff, are sought to be impleaded as parties. 5. The learned trial Court post-considering the application for amendment and hearing the parties, rejected the application on the ground that allowing the amendment would change the nature of the suit and since the relief of declaration has not been sought in the very inception, therefore, the same was denied. 6. Ordinarily, when by virtue of an amendment, relief is sought to be added in the plaint, which is already pleaded in the case, the amendment is required to be allowed. In this respect, learned counsel for the petitioner 3 has drawn the attention of this Court to the authoritative pronouncement of the Apex Court in 2022 (16) SCC 1, titled Life Insurance Corporation of India Vs. Sanjeev Builders Pvt. Ltd. The relevant extract whereof is reproduced herein below:- “71………… 71.10 Where the amendment changes the nature of the suit or the cause of action, so as to set up an entirely new case, foreign to the case set up in the plaint, the amendment must be disallowed. Where, however, the amendment sought is only with respect to the relief in the plaint, and is predicated on facts which are already pleaded in the plaint, ordinarily the amendment is required to be allowed.” 7. By the amendment, the plea of adverse possession already taken in the plaint is sought to be elaborated. The proposed amendment does not in any way substitute a new case in favour of the plaintiff or take any vested right of the respondent/defendant. The plea as are sought to be incorporated are only explanatory and clarificatory in nature and not contrary to the averments made by the petitioner/plaintiff in the plaint. In this respect, reference can be made to Civil Revision No.116 of 1998, titled Bidhia Vs. Ghungar and Ors., decided on 07.12.1999 (CurLJ 435 2000 (1). 8. In view of the aforesaid, impugned order dated 17.02.2025 is quashed and set aside. The application for 4 amendment and impleadment, as is being sought before the learned trial Court, is allowed. Parties are directed to appear before the learned trial Court on 05.03.2026. Pending miscellaneous applications, if any, also stand disposed of. (Bipin Chander Negi) Judge 09th January, 2026 (Gaurav Rawat)