Judgment

Mr. Namit Kumar, J. :-

CM-13981-CII of 2023

1. This application has been filed by the applicant-petitioner for exemption from filing certified copies of zimni orders dated 21.05.2022 to 17.05.2023 passed by learned Additional Civil Judge (Senior Division), Nihal Singh Wala as Annexure P-5 and for permission to place on record true copies of the same.

2. Allowed as prayed for. Annexure P-5 is taken on record subject to all just exceptions.

CR-3868 of 2022

1. This revision petition has been filed by petitioner/defendant No.2 under Article 227 of the Constitution of India for setting aside order dated 21.05.2022 passed by learned Additional Civil Judge (Senior Division), Nihal Singh Wala, whereby application filed by respondent No.1/plaintiff under Order 6 Rule 17 read with Section 151 CPC, has been allowed.

2. Brief facts of the case are that respondent No.1/plaintiff filed a suit under Section 6 of the SPECIFIC RELIEF ACT , 1963 for possession of land measuring 5-1/4 marlas jadid situated within the red line area of village Bilaspur, Tehsil Nihal Singh Wala, District Moga, along with consequential relief of permanent injunction restraining the defendants and their agents from demolishing, constructing or changing the nature of the suit property in any manner and further restraining the defendants from alienating the suit property by way of selling, mortgaging, gift, exchanging, transferring forcibly, illegally and without due course of law. Upon notice, petitioner/defendant No.2 appeared and filed written statement stating therein that he was owner in possession of the house in question and was residing with his family members in the said house for so many years and defendants No.1 and 3 had no concern with the house in question. The trial Court framed issues on 30.04.2019 and the case was adjourned to 23.05.2019 for evidence of the plaintiff. On 05.08.2019, PW-1 Jarnail Singh and PW-2 Balvir Singh were present and examined. On 19.11.2019, PW-1 Jarnail Singh was cross-examined and PW-2 Balvir Singh was partly cross-examined. On 05.03.2020, PW-3 Jaswinder Singh and PW-4 Jasvir Kaur were present and examined. PW-5 Balour Singh was partly cross-examined and case was adjourned to 19.03.2020. Thereafter, due to Covid-19 pandemic outbreak, the proceedings of the case were adjourned. On 24.08.2021, case was adjourned to 12.10.2021 for cross-examination of PW-2 and PW-5 and the case was adjourned on various date for the said purpose. Respondent No.1/plaintiff filed an application dated 10.01.2022 under Order 6 Rule 17 read with Section 151 CPC seeking permission to amend the plaint, which has been allowed by learned Additional Civil Judge (Senior Division), Nihal Singh Wala, vide impugned order dated 21.05.2022.

3. Learned counsel for the petitioner contended that the trial Court has committed grave error in allowing the application of the plaintiff under Order 6 Rule 17 read with Section 151 CPC seeking amendment in the plaint, which is in flagrant violation of the provisions of Order 6 Rule 17 CPC. He further contended that in the present case the trial had already commenced and after commencement of trial the trial Court could not have allowed the amendment application filed by respondent No.1/plaintiff as it was not maintainable. He further contended that respondent No.1/plaintiff has nowhere stated in the application seeking amendment in the plaint that amendments sought to be made in various paras of the plaint were not in his knowledge initially at the time of preparing the plaint and that after due diligence those facts came to his knowledge lateron. He further contended that respondent No.1/plaintiff b