Rameshwar Singh Yadav Vs Gram Panchayat

Challenge in the present R evision Petition filed by the plaintiff u n der Article 227 of the Constitu t ion of India, is for setting aside the order d ated 16.10.2018 (Annexure P- 1 2) passed by the learned Civil Judge (Ju n ior Division), Gurugram, w h ereby the application dated 31.05.201 6 (Annexure P-11) filed by th e petitioner for amendment of plaint, along with judgment and decre e dated 05.08.2014, has been dismissed.

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Brief facts of the case are th a t the petitioner had filed a suit for perma n ent injunction which was dec r eed vide judgment and decree dated 05.0 8 .2014 (Annexure P-2). It is the contention of the petitioner that inadverten t ly, in the plaint the suit la n d has been mentioned to be measuring as 12 Kanal 0 Marla; wherea s in actual fact the same is 12 Bigha 0 Biswa. As such, petitioner had f iled the first application dated NIL (Ann e xure P-3) under Section 152 CPC before the learned Civil Judge (Junior Division), Gurgaon, seeking correction of the judgment and

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RISHU KATARIA 2025.07.22 09:22 I attest to the accuracy and authenticity of this order/judgment.

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CR-495-2019 (O&M)

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decree she e t. After filing of reply (Annex u re P-4) by the respondent, the said app l ication was dismissed vi d e order dated 19.04.2016 (Annexure P-5). Thereafter, the petitione r had approached this Court by way of r e vision petition bearing No. C R-3393-2016 (Annexure P-9) which w a s dismissed as withdrawn v ide order dated 12.05.2016 (Annexure P-10). However, liberty wa s granted to file amendment applicatio n before the learned trial Court. Accordingly, the petitioner has filed the p resent/second application date d 31.05.2016 (Annexure P-11) before the l earned trial Court for amendm e nt in plaint. Vide the impugned order dated 16.10.2018 (Annexure P-12 ) , the learned trial Court has dismissed t he said application. 3. It is pointed out by learned c o unsel for the parties that during the pende n cy of the present revision pe t ition, the appeal filed by the responden t against the judgment and decr e e dated 05.08.2014 (Annexure P-2) has a lso been dismissed by the lea r ned Additional District Judge, Gurugram, vide judgment and decree da t ed 17.04.2025. A copy of the aforesaid j u dgment and decree dated 17.0 4 .2025, is handed over in Court which is taken on record. 4. It is submitted by learned co u nsel for the petitioner that the amendme n t in plaint/correction in the judgment and decree dated 05.08.201 4 (Annexure P-2) of the trial C o urt is technical in nature, and material to the dispute in hand. It is submi t ted that the decree has to be in conformit y with the Revenue Record in w h ich petitioner is recorded to be owner in possession of 1/6 share of 12 Bi g ha 0 Biswa of land. Even in his examinati o n-in-chief (Annexure P-6), t h e petitioner has categorically mentioned that he is owner in possession o f suit land measuring 12 Bigha

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RISHU KATARIA 2025.07.22 09:22 I attest to the accuracy and authenticity of this order/judgment.

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CR-495-2019 (O&M) -3-

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0 Biswa to the extent of 1/6 share. However, due to inadvertent error, the same has b een incorrectly mentioned in th e pleadings. It is submitted that the respon d ent does not deny this and eve n no prejudice would be caused to the resp o ndent by correction of record. I t is accordingly prayed that the correction i n the plaint be permitted in the i nterest of justice.

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On the other hand, learne d counsel for the respondent vehementl y resists the aforesaid prayer m ade by learned counsel for the petitioner and submits that the petition e r is constantly changing his stances fr o m time to time and now is taking stance contrary to his examinati o n-in-chief (Annexure P-6) whe r ein he has stated that suit land is measuri n g ‘12 Bigha 0 Marla’ . It is acc o rdingly prayed that the present revision p e tition be dismissed.

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Heard.

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In view of the facts as noted a bove, this Court is not inclined to interfer e in the matter on merits. As t h e issue involved in the present case is onl y with regard to the correct det e rmination of the measurement of the suit l and, this Court deems it approp r iate to remand the case back to the learne d District Judge, Gurugram, onl y for determining the issue qua measurem e nt of the suit land. Parties to a p pear before the learned District Judge, Gu r ugram, on 21.08.2025.

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The instant revision petition s t ands disposed of, accordingly. 9. Pending application(s), if any , shall also stand disposed of.

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18.07.2025 ( NIDHI GUPTA ) rishu JUDGE

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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RISHU KATARIA 2025.07.22 09:22 I attest to the accuracy and authenticity of this order/judgment.

Rameshwar Singh Yadav v. Gram Panchayat

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Rameshwar Singh Yadav v. Gram Panchayat

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