Allowed

Gurbax Singh Th. Gpa Balwinder Singh v. Punjab and Sind Bank and Ors.

Punjab & Haryana HC29 Nov 2011CR/495/2011

Case brief

AI extract

What is this about?

In an order filed in O&M, the High Court of Punjab and Haryana allowed the petitioner to amend his plaint despite the initial dismissal of his application, ordering the trial court to dispose of the matter within three months.

What did the court decide?

Impugned order set aside; petitioner allowed to amend plaint subject to payment of Rs. 10,000/- as costs.

Gurbax Singh Th. Gpa Balwinder… — Contract and Commercial Disputes | Punjab & Haryana HC (2011)

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CR No. 495 of 2011 (O&M) 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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CR No. 495 of 2011 (O&M) Date of decision:- 29.11.2011

Gurbax Singh Chaggar

....Petitioner

Vs.

Punjab & Sind Bank, Chachoki, Phagwara and others

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....Respondents

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CORAM: HON'BLE MR. JUSTICE A.N. JINDAL

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Present:Mr. Harsh Bunger, Advocate, for the petitioner.

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Mr. B.P.S. Dhaliwal, Advocate, for respondent No.1. Mr. R.K. Arora, Advocate, for respondent Nos. 2 and 3.

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A.N. JINDAL, J (ORAL)

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This petition assails the order dated 12.01.2011 (Annexure P-7) passed by the Civil Judge (Junior Division), Phagwara, dismissing the application filed by plaintiff-petitioner for amendment of the plaint.

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Learned counsel for the petitioner states at bar that the entire evidence has come on the record, including the documents which were to be produced by defendant-respondent No.1-Punjab & Sind Bank and the petitioner only wants to insert a

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plea with regard to the relief of declaration, which

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CR No. 495 of 2011 (O&M) 2

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otherwise is inherent.

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In these circumstances, when the parties are not to lead any further evidence, the plea, sought to be inserted, will not cause any prejudice to the rights of the respondents. However, the delay in filing of the application could be compensated by way of costs.

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As such, this petition is accepted; the impugned order is set aside and the petitioner is allowed to amend his plaint, subject to payment of ` 10,000/- as costs.

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Since the case is already fixed for arguments, therefore, the trial Court is directed to dispose of the same within three months from today.

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This petition is disposed of without issuing notice to the respondents with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondents may move to this Court for recalling this order.

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November 29, 2011 ajp

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(A.N.JINDAL) JUDGE

Gurbax Singh Th. Gpa Balwinder Singh v. Punjab and Sind Bank and Ors.

Case brief

What is this about?

What did the court decide?

Gurbax Singh Th. Gpa Balwinder Singh v. Punjab and Sind Bank and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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