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2016 Supreme(P&H) 1632

DARSHAN SINGH
Shankar Lal – Appellant
Versus
Raj Kumar – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.K. Jain Advocate

JUDGMENT :

DARSHAN SINGH, J.

The present revision petition has been preferred against the order dated 13.05.2016 passed by the learned Civil Judge (Jr. Division), Rajpura, vide which the application moved by the plaintiff-respondents no.1 and 2 under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short C.P.C.) for amendment of the plaint has been allowed.

2. Learned counsel for the petitioner contended that earlier the plaintiffs have filed the Suit No. 116T/14.03.2000/09 on the same cause of action. In that suit also the plaintiffs-respondents have filed the application for amendment of the plaint to introduce the similar facts. But, the said application was dismissed by the learned trial Court and the order was even upheld by this Court in Civil Revision No. 934 of 2011 decided on 09.02.2011. He contended that thereafter, plaintiffs-respondents moved an application for withdrawal of the suit with permission to file the fresh suit on the same cause of action due to the technical defect. That application was also dismissed by the learned trial Court. But, in the Civil Revision No.1589 of 2011 decided on 22.03.2012, this Court allowed the plaintiffs- respondents to withdrawn












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