A revision petition challenging the dismissal of an application to amend the written statement was dismissed by the High Court of Punjab and Haryana. The court found no merit in the plea regarding amendment based on Revenue Authorities' orders or non-joinder of parties.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No. 417 of 2009 (O&M)
Date of Decision: 24.2.2009
M/s C.H.D. Developers Ltd. and another
... Petitioners
Versus
Kadam Singh and others
... Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:Mr. Sumeet Goel, Advocate for the petitioners.
RAJESH BINDAL J
The challenge in the present petition is to the order passed by learned Court below whereby the application filed by the petitioners/defendants for amendment of written statement has been dismissed.
The amendment was sought on the basis of a fact that during the pendency of suit after the filing of written statement, the petitioners/defendants filed application before the Revenue Authorities for seeking correction of Khasra Girdawari which according to petitioners/defendants was ordered to be carried out during the pendency of the suit. The written statement was sought to be amended to take that plea. However, this Court does not find any merit in the prayer made by counsel for the petitioners that the plea has been considered by the learned Court below in its right perspective. While concurring with the view expressed therein I do not find any merit in the prayer made. Even the plea regarding the suit being bad on account of non-joinder of necessary parties, learned trial Court dismissed the application for amendment observing that the details regarding the party who was required to be joined was not mentioned either in the application or in the amended written statement annexed with the application. Accordingly, this prayer is also rejected.
The revision petition is dismissed.
24.2.2009 Reema
(RAJESH BINDAL) JUDGE
1 issue framed by the court
Whether the trial court erred in dismissing the petitioner's application for amendment of the written statement.
M/s C.H.D. Developers Ltd.
Kadam Singh and others
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
