IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 136 Ramdhari Paramjit Kaur & Others CORAM: Present:- NIDHI GUPTA, J. under Article 227 of the Constitution of India for setting aside the order dated 22.04.2025 (Annexure P7) passed by learned Additional Civil Judge (Senior Division), Moonak, District Sangrur in CS “Ramdhari Vs. Paramjit Kaur & Others” w petitioner/plaintiff has been dismissed 2. amendment sought by the petitioner is that in the head note the petitioner has inadvertently mentioned that the share of the petitioner is 1/140; whereas the same should be 1/40 and 1/48 the impugned order has been passed mechanically IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Vs. Paramjit Kaur & Others HON’BLE MS. JUSTICE NIDHI GUPTA Mr. T.P.S. Makkar, Advocate for the petitioner. *** NIDHI GUPTA, J. Present Revision Petition has been filed by the under Article 227 of the Constitution of India for setting aside the order 22.04.2025 (Annexure P7) passed by learned Additional Civil Judge (Senior Division), Moonak, District Sangrur in CS “Ramdhari Vs. Paramjit Kaur & Others” whereby the application petitioner/plaintiff under Order 6 Rule 17 CPC for amendment of the plaint has been dismissed. Learned counsel for the petitioner submits that the short amendment sought by the petitioner is that in the head note the petitioner has inadvertently mentioned that the share of the petitioner whereas the same should be 1/40 and 1/48 impugned order has been passed mechanically IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-2518-2025(O&M) Date of decision: 28.04.2025 ...Petitioner(s) ...Respondent(s) HON’BLE MS. JUSTICE NIDHI GUPTA , Advocate Present Revision Petition has been filed by the plaintiff under Article 227 of the Constitution of India for setting aside the order 22.04.2025 (Annexure P7) passed by learned Additional Civil Judge (Senior Division), Moonak, District Sangrur in CS-256-2021 titled as hereby the application filed by the under Order 6 Rule 17 CPC for amendment of the plaint, Learned counsel for the petitioner submits that the short amendment sought by the petitioner is that in the head note of the plaint, the petitioner has inadvertently mentioned that the share of the petitioner whereas the same should be 1/40 and 1/48. It is submitted that impugned order has been passed mechanically without appreciating the 3 plaintiff under Article 227 of the Constitution of India for setting aside the order 22.04.2025 (Annexure P7) passed by learned Additional Civil Judge 2021 titled as filed by the , Learned counsel for the petitioner submits that the short of the plaint, the petitioner has inadvertently mentioned that the share of the petitioner . It is submitted that without appreciating the SUNENA 2025.05.02 17:46 I attest to the accuracy and integrity of this document facts and circumsta allowing the application for amendment of the plaint no prejudice will be caused to the respondents/defendants only on 1.2.2024 prayed that the petitioner be permitted to make this amendment failing which grave loss and injustice shall be caused to the petitioner. 3. 4. perused the case file in great detail. 5. made on behalf of the petitioner. 6. was filed by the petit stated by learned counsel 8.12.2023 (Annexure P2) was filed by the respondents application for amendment of the suit (Annexure P5) has been petitioner on 18.02.2025 suit for declaration of his ownership in possession of land in the name of his father Ram Lal on the basis of Will dated 08.08.2020 stated to have been executed by Ram (Annexure P5) purpose of rebuttal evidence facts and circumstances of the case and also without appreciating that by allowing the application for amendment of the plaint no prejudice will be caused to the respondents/defendants. It is stated that the suit was filed only on 1.2.2024 and therefore, will also not delay prayed that the petitioner be permitted to make this amendment failing which grave loss and injustice shall be caused to the petitioner. No other argument is made on behalf of the I have heard learned counsel for the d the case file in great detail. I find no merit whatsoever in the misleading submissions made on behalf of the petitioner. Perusal of the case shows that the suit (Annexure P1) was filed by the petitioner on 04.08.2021 and not on 1.2.2024, as wrongly learned counsel. Thereafter, amended (Annexure P2) was filed by the respondents application for amendment of the suit (Annexure P5) has been petitioner on 18.02.2025. Furthermore, the petitioner has filed the present suit for declaration of his ownership in possession of land in the name of his Ram Lal on the basis of Will dated 08.08.2020 stated to have been executed by Ram Lal in favour of the petitioner. In the application (Annexure P5), it has been stated that while perusing the file for rebuttal evidence, it came to the notice of the petitioner that in nces of the case and also without appreciating that by allowing the application for amendment of the plaint no prejudice will be It is stated that the suit was filed will also not delay the trial. It is accordingly prayed that the petitioner be permitted to make this amendment failing which grave loss and injustice shall be caused to the petitioner. No other argument is made on behalf of the petitioner. learned counsel for the petitioner and I find no merit whatsoever in the misleading submissions Perusal of the case shows that the suit (Annexure P1) and not on 1.2.2024, as wrongly amended written statement dated (Annexure P2) was filed by the respondents. Whereas present application for amendment of the suit (Annexure P5) has been filed by the . Furthermore, the petitioner has filed the present suit for declaration of his ownership in possession of land in the name of his Ram Lal on the basis of Will dated 08.08.2020 stated to have been Lal in favour of the petitioner. In the application , it has been stated that while perusing the file for the it came to the notice of the petitioner that in 3 nces of the case and also without appreciating that by allowing the application for amendment of the plaint no prejudice will be It is stated that the suit was filed is accordingly prayed that the petitioner be permitted to make this amendment failing and I find no merit whatsoever in the misleading submissions Perusal of the case shows that the suit (Annexure P1) and not on 1.2.2024, as wrongly written statement dated hereas present filed by the . Furthermore, the petitioner has filed the present suit for declaration of his ownership in possession of land in the name of his Ram Lal on the basis of Will dated 08.08.2020 stated to have been Lal in favour of the petitioner. In the application the it came to the notice of the petitioner that in SUNENA 2025.05.02 17:46 I attest to the accuracy and integrity of this document the head note of the plaint, share of the petitioner h written wrongly as 1/140 instead of 1/48 and 1/40 However, as noticed above, present suit was filed on 04.08.2021 were framed on 09.05.2022. Thereafter, the suit was kept pending for evidence of the months. It has been admitted by learned counsel for the petitioner that the plaintiff evidence is complete. As per the own saying of the petitioner, the matter was fixed for rebuttal evidence when the filed. Moreover, as per Order 6 Rule 17 CPC, application for amendment cannot be filed after commencement of trial out. In the present case, it is the own admitted case of the petitioner that the alleged share of the petitioner has been incorrectly mentioned in the plaint ‘inadvertently 7. present petition 8. 28.04.2025 Sunena Whether speaking/reasoned: Whether reportable: the head note of the plaint, share of the petitioner h written wrongly as 1/140 instead of 1/48 and 1/40 However, as noticed above, present suit was filed on 04.08.2021 were framed on 09.05.2022. Thereafter, the suit was kept pending for evidence of the petitioner till 25.08.2023 i.e. for almost 1 year and 3 months. It has been admitted by learned counsel for the petitioner that the plaintiff evidence is complete. As per the own saying of the petitioner, the matter was fixed for rebuttal evidence when the filed. Moreover, as per Order 6 Rule 17 CPC, application for amendment cannot be filed after commencement of trial In the present case, it is the own admitted case of the petitioner that d share of the petitioner has been incorrectly mentioned in the inadvertently’. As such, impugned order suffers from no error. The petition accordingly stands dismissed. Pending application(s) if any also stand(s) disposed of. Whether speaking/reasoned: Yes/No Whether reportable: Yes/No the head note of the plaint, share of the petitioner has been inadvertently written wrongly as 1/140 instead of 1/48 and 1/40 in Khewat No.112. However, as noticed above, present suit was filed on 04.08.2021; and issues were framed on 09.05.2022. Thereafter, the suit was kept pending for petitioner till 25.08.2023 i.e. for almost 1 year and 3 months. It has been admitted by learned counsel for the petitioner that the plaintiff evidence is complete. As per the own saying of the petitioner, the matter was fixed for rebuttal evidence when the present application was filed. Moreover, as per Order 6 Rule 17 CPC, application for amendment cannot be filed after commencement of trial unless due diligence is made In the present case, it is the own admitted case of the petitioner that d share of the petitioner has been incorrectly mentioned in the As such, impugned order suffers from no error. The dismissed. Pending application(s) if any also stand(s) disposed of. (Nidhi Gupta) Judge 3 as been inadvertently . issues were framed on 09.05.2022. Thereafter, the suit was kept pending for petitioner till 25.08.2023 i.e. for almost 1 year and 3 months. It has been admitted by learned counsel for the petitioner that the plaintiff evidence is complete. As per the own saying of the petitioner, the present application was filed. Moreover, as per Order 6 Rule 17 CPC, application for amendment is made In the present case, it is the own admitted case of the petitioner that d share of the petitioner has been incorrectly mentioned in the As such, impugned order suffers from no error. The SUNENA 2025.05.02 17:46 I attest to the accuracy and integrity of this document