IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 01.09.2025 Saraswati ...Petitioner(s)

Vs.

Roshni Devi ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Amit Jain, Advocate for the petitioner.

Mr. Himanshu Arora, Advocate for the respondent.

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NIDHI GUPTA, J.

Present Civil Revision Petition has been filed by the defendant under Article 227 of the Constitution of India for setting aside of the order dated 08.07.2024 (Annexure P-6) passed by the learned Civil Judge (Junior Division), Gurugram; whereby application filed by the respondent/plaintiff under Order 6 Rule 17 CPC for amendment of the plaint (Annexure P-3), has been allowed.

2. It is inter alia submitted by learned counsel for the petitioner that the learned trial Court was in error in passing the impugned order as amendment of plaint has been allowed after commencement of trial, and after 5 plaintiff witnesses stood examined. Thus, order has been passed without application of judicious mind. Moreover, the amendment sought by the plaintiff would change the nature of the suit. The learned Civil Judge has also not considered the aspect of due diligence. Thus, the impugned order is not a spe