Dismissed

Joginder Singh v. Shamsher Singh etc.

Punjab & Haryana HC19 Jan 2010CR/5730/2009

Case brief

AI extract

What is this about?

The Single Judge dismissed the Civil Revision petition filed against the trial court's order rejecting the appellant's application for amendment of the plaint. The court held the order did not suffer from material irregularities warranting interference under Article 227 of the Constitution of India, as the delay barred the amendment.

What did the court decide?

The revision petition was dismissed. Pending Civil Misc. Applications were disposed of.

Joginder Singh Vs Shamsher Singh etc. — Property and Title | Punjab & Haryana HC (2010)

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Civil Revision No. 5730 of 2009 (O&M) 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No. 5730 of 2009 (O&M)

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Date of Decision: January 19, 2010

Joginder Singh

...... Appellant

Versus

Shamsher Singh and others

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...... Respondents

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Coram: Hon'ble Mr. Justice Ajay Tewari

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Present: Mr.Parveen Kumar, Advocate for the appellants.

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Whether Reporters of local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Ajay Tewari, J.

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This petition has been filed against order rejecting the application for amendment of the plaint.

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The petitioner filed suit in the year 2002 claiming that the respondent had encroached on 16 Marlas of land out of 2 Kanals 18 Marlas and sought relief of possession by issuance of a mandatory injunction to the respondents to remove the super structure. In written statement the respondents have controverted this assertion and alleged that they were in possession of the entire land as owners. In 2005 a Field Kanungo was appointed as a local commissioner who demarcated the spot and returned a finding that the respondents were actually in possession of 2 Kanals 4 Marlas of land. In the year 2008 after leading his entire evidence the

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Civil Revision No. 5730 of 2009 (O&M) 2 petitioner moved an application for amendment of the plaint claiming that earlier the respondents had encroached upon only 16 Marlas of land but in the last week of June, 2008 they had encroached upon the remaining land also. This application has been rejected by the trial court holding that it is barred by delay and that it is not such an exceptional case where amendment of the plaint should be allowed at this later stage of the trial. Learned counsel has not been able to persuade me that the impugned order suffers from such material irregularities as to merit interference under Article 227 of the Constitution of India.

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Consequently this revision is dismissed.

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Since the main case has been decided, the pending Civil Misc.

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Applications, if any, stand disposed of.

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(AJAY TEWARI) JUDGE

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January 19 , 2010 sunita

Joginder Singh v. Shamsher Singh etc.

Case brief

What is this about?

What did the court decide?

Joginder Singh v. Shamsher Singh etc.

Case brief

What is this about?

What did the court decide?

What the court decided

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