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2015 Supreme(P&H) 868

BHARAT BHUSHAN PARSOON
Manjit Singh – Appellant
Versus
Sham Singh – Respondent


Advocates:
For the Appellant :N.K. Vadehra, Advocate
For the Respondents:D.S. Malwai, Advocate

Dr. Bharat Bhushan Parsoon, J.:-

1. Vide this civil revision petition invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India, the petitioner-defendant assails order dated 27.5.2014 (Annexure P-5) passed by the lower court vide which amendment sought by the respondent-plaintiff in the plaint, was allowed.

2. It is claimed that after framing of the issues, amendment could not have been allowed and thus, the order is neither valid nor legal.

3. Counsel for the respondent, on the other hand, has urged that when the amendment sought for neither changes the nature of the suit nor brings in facts forming new cause of action, and rather is required for determining the real questions in controversy between the parties and for effective adjudication of the dispute, the same is to be allowed.

4. During the course of arguments addressed by counsel for the parties, perusal of the paper book and consideration of the attending circumstances reveals that during the pendency of the suit for possession filed by the respondent/plaintiff, Punjab Government had acquired part of the suit land for construction of south bye-pass. Information about acquisition was receiv



















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