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2023 Supreme(P&H) 1429

ALKA SARIN
Kuljinder Kaur – Appellant
Versus
Gurbachan Singh Saini – Respondent


Advocates appeared:
For the Parties : Mr. Sushil Saini, Mr. Sanjay Jain

Judgment

Mrs. Alka Sarin, J. :-

CM-5160-CII-2023

This is an application for preponing the date of hearing in the main case from 09.08.2023 to an early date. For the reasons stated in the application, the same is allowed. With the consent of learned counsel for the parties, the main case is taken on Board today itself.

CR-8445-2018

1. The present revision petition has been filed challenging the order dated 08.08.2018 (Annexure P-9) whereby the application filed by the plaintiff-petitioners for amendment of the plaint under order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) has been dismissed.

2. The brief facts relevant to the present lis are that the suit was initially filed by the plaintiff-petitioners for mandatory injunction directing the defendant-respondents to hand over the vacant possession of portion of House No.16, Amar Nagar, near Raja Park, Ambala Cantt. as also for payment of mesne profits @ Rs.5,000/- per month from the date of filing of the suit till delivery of possession. In the plaint it was averred that the plaintiff-petitioners were absolute owners of the property in dispute. The written statement was filed by the defendant-respondents wherein it was specifica

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