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CR-3868 of 2022 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CR-3868 of 2022 (O&M)

Reserved on: 11.08.2023

Pronounced on: 01.09.2023

Hari Singh

......Petitioner

Versus

Balvir Singh and others

......Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Argued by: Mr. A.K. Goel, Advocate,

for the petitioner.

Mr. N.K. Manchanda, Advocate,

for respondent No.1.

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

RAVINDER SINGH

2023.09.01 15:29

I attest to the accuracy and

integrity of this order/judgment

2

CR-3868 of 2022 (O&M)

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

RAVINDER SINGH

2023.09.01 15:29

I attest to the accuracy and

integrity of this order/judgment

3

CR-3868 of 2022 (O&M)

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

re