Dismissed

Jarnail Singh v. Gurcharan Singh and Others

Punjab & Haryana HC19 Oct 2024CR/6012/2024

Case brief

AI extract

What is this about?

Revision petition challenging trial court's allowance of a plaint amendment adding further revenue entries relating to a tubewell connection suit. The High Court upheld it: the suit was at an initial stage, the amendment was clarificatory, necessary for adjudication, caused no prejudice, and arguments on joint holdings remained available.

What the court decided

AI extract

Jarnail Singh Vs Gurcharan Singh and Others — Property and Title | Punjab & Haryana HC (2024)

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[112] IN THE HIGH COURT OF P UNJAB AND HARYANA AT CHANDIG A RH

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CR-6012 - 2024 Date of D ecision : 19.10.2024

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Jarnail Si n gh …Petitioner

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versus

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Gurchara n Singh and others ….Respondents

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Coram : HON’BLE MR. JUSTICE PANKAJ JAIN

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Present: Mr. Suneet Pal Singh Aulak h , Advocate for the petitioner. ***

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PANKAJ JAIN, J. (ORAL)

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[1] Challenge is to order dated 18.09.2024 passed by the lear n ed Civil Ju d ge (Junior Division), Khanna, whereby application filed by the plaintiff- r espondent under Order VI, Ru l e 17 CPC, seeking amendmen t of the plaint stands allowed. Plaintiff furth e r sought similar amendment in the applicati o n accompanying plaint filed fo r interim injunction under O r der XXXIX R ules 1 & 2 CPC, 1908. [2] Plaintiff initially filed suit for grant of decree of perma n ent injunctio n , restraining defendants from i n terfering in his peaceful right s to use and e n joy electricity tubewell connec t ion No.AP-15/0501 installed in the name of f ather of plaintiff and defendant No.1 in the joint land comprise d in Khewat N o.39/39, Khatauni No.44, Rec t . No.15, Killa No.14/1 (1-4), 17/2 (1-16), 1 8 (8-0), i.e. total land measurin g 11 K-0M as per jamabandi for the year 201 7 -18, situated at village Kam m a, H.B. No.249, Tehsil Kha n na, District L udhiana. Alongwith the plaint, application was filed seeking r e lief of ex par t e ad-interim injunction which w as granted to the plaintiffs vide

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RAJNEESH SHARMA 2024.11.05 23:07 I attest to the accuracy and integrity of this document

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CR-6012 - 2024 -2-

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order dat e d 05.09.2023. After filing of w ritten statement by defendant N o .1, the prese n t application was moved seek i ng amendment in the plaint. T he

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proposed amendment sought in the appli c ation, reads as under:-

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“ ( a ) That at page No.2 in line No.6, after the word “11K-0M” an d before the words “as per ja m abandi”, the applicant/plainti ff wants to add remaining rev e nue numbers which shall run as under:-

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“and land measuring 9 Kanal-8 Marla comprised i n Khewat No.55/55, Khatau n i No.62, Rect. No.15, Kill a No.14/2 (3-0), 15/2 (1-7), 16 / 1 (2-11), 17/1/3 (2-10)”.

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(b) That similar amendment wil l also sought in prayer clause of the plaint and in the applica t ion U/o 39 Rule 1 and 2 CPC. ”

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[3] The application was conte s ted by defendant No.1-petitio n er, claiming that arguments on application u nder Order XXXIX Rules 1 a n d 2 CPC alre a dy stand redressed and the ap p lication has been moved, whic h is conflated with mala fides .

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[4] Learned Trial Corut vide impugned order has allowed the applicati o n, holding that the suit primari l y relates to enjoyment of tube w ell connecti o n and not with respect to the j o int land. The amendment so u ght being ex p lanatory in nature will neither a lter the nature of the suit nor s h all cause an y prejudice to defendant No.1.

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[5] Learned counsel for the peti t ioner-defendant while assailing the impungn e d order submits that the learned Trial Court erred in ignoring the fact that a rguments on interim applicatio n having already been addressed,

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RAJNEESH SHARMA 2024.11.05 23:07 I attest to the accuracy and integrity of this document

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CR-6012 - 2024 -3-

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defendan t No.1 shall be prejudiced by the amendment and the prop o sed amendm e nt has an effect of altering the n a ture of the suit.

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[6] I have heard counsel for the petitioner and have carefully g o ne through t h e records of the case.

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[7] Counsel for the petitioner i s not in a position to deny the f act that suit i s still at an initial stage, as the tr i al is yet to commence.

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[8] Learned Trial Court rightl y held that the suit filed by the plaintiff i s with respect to enjoyment o f the electricity connection and the land described in the plaint is only with respect to tubewell connection. A cogent e x planation was tendered by th e plaintiff that intially jamab a ndi mentione d only one khasra number and therefore the mistake crept in the plaint which now he wants to amend. I n deed, the amendment sought is not only clar i ficatory nature but is also nece s sary for the proper adjudicatio n of the matte r in hand.

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[9] Having observed so, nee d less to say that the argum e nts available to the defendant with respect to the joint holdings shall stil l be available to him without any prejudice.

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[10] Disposed off .

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(PANKAJ JAIN) JUDGE

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19.10.20 2 4

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‘R. Sharma'

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Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No

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RAJNEESH SHARMA 2024.11.05 23:07 I attest to the accuracy and integrity of this document

Jarnail Singh v. Gurcharan Singh and Others

Case brief

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What the court decided

Jarnail Singh v. Gurcharan Singh and Others

Case brief

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