Punjab-Haryana High Court
Mohinder Kumar Son Of Chhaju Ram vs Gurdwara Singh Sabha Mukerian And ... on 8 July, 2010
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
Civil Revision No.5731 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision:-8.7.2010
Mohinder Kumar son of Chhaju Ram ...Petitioner
Versus
Gurdwara Singh Sabha Mukerian and another ...Respondents
CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR
Present:- Mr.Sandeep Arora, Advocate for the petitioner.
Mr.Sunil Agnihotri, Advocate for the respondent.
Mehinder Singh Sullar, J. (Oral)
Mohinder Kumar son of Chhaju Ram petitioner-plaintiff has directed the present petition against the impugned order dated 1.9.2009 (Annexure P6), vide which, the trial Court has dismissed his application for amendment of the plaint under Order 6 Rule 17 CPC.
2. The compendium of the facts, relevant for disposal of the present revision petition and emanating from the record, is that originally, the plaintiffs have filed the suit (Annexure P1) on 15.5.2007 for decree of permanent injunction, restraining the respondent-defendant from changing the nature of the suit land by way of raising construction and covering more than share in it. The defendant filed the written statement (Annexure P3) on 13.6.2007, in which, it has inter-alia been specifically pleaded that in fact community kitchen (Langer Hall), has already been constructed by the public (Sangat of Gurdwara) prior to the institution of the present suit.
3. In the wake of pleadings of the parties, the trial court framed the issues. Having completed all the codal formalities, the case was slated for evidence of the plaintiffs.
4. Now the plaintiffs moved an application (Annexure P4) for Civil Revision No.5731 of 2009 2 amendment of plaint, inter-alia, pleading that the defendant has constructed a community kitchen (Gurdwara Langer Hall) in the suit property and in the alternative, sought the conversion of the suit for permanent injunction to the suit for decree of possession. The defendant contested the said application, filed the reply and prayed for its dismissal.
5. The trial Court dismissed the application (Annexure P4), vide impugned order dated 1.9.2009.
6. The petitioner did not feel satisfied with the impugned order and filed the present petition, invoking the provisions of Article 227 of the Constitution of India.
7. Having heard the learned counsel for the petitioner, having gone through the record with his valuable help and after considering the matter deeply, to me, there is no merit in this revision petition.
8. As is evident from the record, the plaintiffs filed the present suit (Annexure P1) for permanent injunction on 15.5.2007. The defendant filed the written statement dated 13.6.2007 (Annexure P3), in which, it has been specifically mentioned that the community kitchen (Gurdwara Langer Hall) has already been constructed by the public prior to the filing of the present suit, but the plaintiffs did not bother at all and allowed the proceeding to continue. In the application for amendment of plaint, it is mentioned that during the pendency of the suit, the defendant has constructed a community kitchen (Gurdwara Langer Hall) and, thus, the plaintiffs sought to convert the suit for permanent injunction into the suit for possession by way of amendment.
9. Meaning thereby, the plaintiffs had the knowledge of the indicated construction from the date of filing the written statement and concealed the facts that the defendant has constructed the community kitchen during the pendency of the suit. The trial court, to my mind, has rightly exercised its discretion in this relevant connection and no interference is warranted in the impugned order in the Civil Revision No.5731 of 2009 3 exercise of limited revisional jurisdiction of this Court under Article 227 of the Constitution of India.
10. In the light of the aforesaid reasons, as there is no merit, therefore, the present petition is hereby dismissed.
(Mehinder Singh Sullar) 8.7.2010 Judge AS