CR-8339-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 145 CR-8339-2025 Date of decision :- 13.07.2026 Sadha Singh through SPA Karamjit Kaur .... Petitioner Versus Sarwan Singh and others .... Respondents CORAM : HON'BLE MRS. JUSTICE AMARJOT BHATTI Present: Ms. Karamjit Kaur-Special Power of Attorney Holder in person. Mr. Baljeet Singh Dhaliwal, Advocate and Mr. Gurmeet Singh Saini, Advocate for the respondents. **** AMARJOT BHATTI J. 1. Sadha Singh through Special Power of Attorney Holder i.e. his daughter, namely, Ms. Karamjit Kaur filed civil revision against order dated 07.07.2025 (Annexure P-17) passed by learned Additional Civil Judge (Senior Division), Ferozepur, vide which the Court has dismissed the application (Annexure P-15) filed under Order 6 Rule 17 read with Section 151 CPC, which is further upheld in Civil Miscellaneous Appeal by learned Additional District Judge, Ferozepur vide order dated 24.09.2025 (Annexure P-19), with a prayer to set aside the aforesaid orders and to allow the amendment application filed by petitioner/plaintiff. 2. Ms. Karamjit Kaur-SPA Holder of petitioner/plaintiff Sadha Singh pointed out that her father Sadha Singh is a senior citizen who has filed suit LALIT SHARMA 2026.07.16 09:07 I attest to the accuracy and integrity of this document CR-8339-2025 -2- seeking permanent injunction regarding the residential Haveli marked as ABCD and vacant site marked as ABEF as per site plan (Annexure P-1 in civil suit) with specific boundaries situated in Bast Ahme Wali, Dakhli village Langeana, Tehsil and District Ferozepur. Said civil suit is contested by respondents/defendants. Copies of plaint and written statement are Annexures P-1 and P-2 respectively. During the pendency of suit, application has been filed under Order 6 Rule 17 read with Section 151 CPC (Annexure P-15) for amendment of heading and prayer clause of plaint by converting it into suit for declaration that plaintiff is owner in possession of Haveli and vacant site as detailed in plaint along with relief of permanent injunction. Application was contested by filing reply (Annexure P-16) and thereafter, learned trial Court after hearing the arguments advanced by learned counsel(s) for both the sides without appreciating the actual position declined the application under Order 6 Rule 17 read with Section 151 CPC vide order dated 07.07.2025 (Annexure P- 17). It is further pointed out that property in question bears Khasra number. For proper adjudication of the case, proposed amendment is necessary. Therefore, impugned order dated 07.07.2025 (Annexure P-17) may kindly be set aside and application seeking amendment of plaint may be allowed. 3. Learned counsel representing respondents/defendants argued that petitioner/plaintiff cannot be permitted to change the nature of suit altogether. It is categorically stated that defendants have no concern with residential Haveli of plaintiff marked as ABCD. In fact, the dispute is regarding raasta in alleged vacant site marked as ABEF. Learned counsel representing respondents/defendants also conceded that this part of property bears Khasra LALIT SHARMA 2026.07.16 09:07 I attest to the accuracy and integrity of this document CR-8339-2025 -3- number. It is further pointed out that application seeking amendment of plaint has been filed at a belated stage when plaintiff had already examined as many as ten witnesses. At this stage, plaintiff cannot be permitted to change the nature of suit altogether. After considering all the facts and circumstances of case, application filed by petitioner/plaintiff was rightly declined by passing impugned order dated 07.07.2025 (Annexure P-17). Civil revision preferred by petitioner/plaintiff is without merits and same deserves dismissal. 4. I have considered the arguments and have gone through the record carefully. Petitioner/plaintiff Sadha Singh filed suit for permanent injunction regarding two properties i.e. Haveli marked as ABCD and vacant site marked as ABEF as shown in site plan (Annexure P-1 in civil suit) with specific boundaries from illegal and forcible dispossession except in due course of law as detailed therein. Copy of plaint is Annexure P-1, where it was explained that property marked as ABCD is a Haveli, whereas, property marked as ABEF is a vacant site used as agricultural land. In the entire plaint, it is nowhere mentioned by the plaintiff that property in question bears Kharsa number. After framing of issues, plaintiff examined as many as ten witnesses. At belated stage, plaintiff filed application under Order 6 Rule 17 read with Section 151 CPC for further addition in head note and prayer clause by alleging, ‘as suit for declaration to the effect that plaintiff is owner in possession of aforesaid properties’. At the time of filing of this application seeking amendment of plaint, again it is nowhere stated that any part of property bears Kharsa number. During the course of arguments, learned counsel representing respondents/defendants pointed out that there is no LALIT SHARMA 2026.07.16 09:07 I attest to the accuracy and integrity of this document CR-8339-2025 -4- dispute regarding Haveli marked as ABCD. In fact, dispute is regarding the land marked as ABEF. Today, in the Court, Ms. Karamjit Kaur-SPA Holder of petitioner/plaintiff Sadha Singh as well as learned counsel representing respondents/defendants conceded that property marked as ABEF bears Khasra number. In the plaint or amendment application, it is nowhere stated that property bears Khasra number. Plaintiff, at this belated stage wants to further add in the head note and prayer clause suit for declaration that plaintiff is owner in possession of aforesaid properties. In fact, he wants to set up a new case which was never pleaded earlier. 5. Considering the aforesaid factual position, I do not find any reason to interfere in impugned order dated 07.07.2025 (Annexure P-17) passed by learned Additional Civil Judge (Senior Division), Ferozepur and same is, accordingly upheld. Consequently, finding no merits in present civil revision, same is, accordingly dismissed. 6. Pending miscellaneous application(s), if any, shall stands disposed of accordingly. (AMARJOT BHATTI) JUDGE 13.07.2026 lalit Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No LALIT SHARMA 2026.07.16 09:07 I attest to the accuracy and integrity of this document