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2017 Supreme(HP) 759

SURESHWAR THAKUR
Beas Valley Power Corporation Ltd. – Appellant
Versus
Pradeep Chand Katoch – Respondent


Advocates Appeared:
For the Petitioners: Mr. J.S. Bhogal with Mr. Suneet Goel.
For the Respondent: Mr. Nipun Sharma.

JUDGMENT :

Sureshwar Thakur, J.

1. During the pendency of Civil Suit No. 41 of 2015, the plaintiff instituted an application, cast under the provisions of Order 6 Rule 17 CPC, before the learned trial Court wherein the plaintiff sought leave with respect to hereinafter extracted amendment/deletions, being made in the apposite paragraphs of the plaint:

“In para 1 of the plaint, the Deputy Chief Engineer Sh. Harish Malhotra may be deleted and substituted to be read as Superintending Engineer, Sh. Ashwani Kumar dogra and the resolution No. 4/2011 may be substituted with Resolution No. 8/41 and dated 18.10.2011 may be deleted and read as 27.4.2013. The amendment is being made in Para 1 of the plaint since the concerned officer of the plaintiff Corporation has changed and the earlier officer has since retired.”

The words appears in 2nd line of para 5 “and the fact that only 10% of the total work had been executed by the defendant vide letter dated 3.6.2008. The detail of the works which had been executed by the defendant was intimated vide letter dated 11.6.2008 may be deleted from the plaint, as these letters relates to another similar type of work awarded to same defendant contractor.”

On





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