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Punjab-Haryana High Court

Savitari Devi And Others vs Suresh Kumar And Others on 20 September, 2012

Author: A.N. Jindal

Bench: A.N. Jindal

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH


                           CR No. 7051 of 2011 (O&M)
                           Date of decision: September 20, 2012


Savitari Devi and others
                                                        ...Petitioners
                                Versus
Suresh Kumar and others
                                                        ...Respondents

CORAM:- HON'BLE MR. JUSTICE A.N. JINDAL

Present:    Mr. Chander Shekhar, Advocate
            for the petitioners.

            Mr. Arvind Singh, Advocate,
            for respondent No.1.

A.N. JINDAL, J. (Oral)

The suit was filed by the petitioners on 18.3.2009 and issues were framed on 20.9.2010. The application for amendment of the plaint was filed on 18.7.2011. The amendment sought is based on actual and factual position, which is necessary for the just decision of the suit, which could be allowed without deleting paragraph 3 of the plaint.

In the circumstances, this petition is allowed, impugned order is set aside and the proposed amendment is allowed, subject to payment of Rs. 5,000/- as costs. However, the petitioner would not be allowed to delete paragraph 3 of the plaint, which he may explain in any other manner.

September 20, 2012                              (A.N. JINDAL)
prem                                                  JUDGE