C.R.No.4620 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R.No.4620 of 2009.
Decided on August 18, 2009.
Ram Singh
.. Petitioner
VERSUS
Sarjeet Singh.
.. Respondent
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CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Mr.R.A.Sheoran, Advocate,
for the petitioner.
M.M.S. BEDI, J. (ORAL)
It is contended that the petitioner-plaintiff merely
wants to rectify the typographical error to replace the words North as
South and South as North in the title describing the property in
dispute and replace the name of Mehtab Singh with Sheodan Singh.
The amendment sought for will not tantamount to withdrawal of any
admission as observed by Civil Judge (Jr.Divn.), Bhiwani.
Taking into consideration, the stage of the case i.e.,
no evidence having been recorded by the plaintiff, the amendment
seems to be necessary for proper description of the property and
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C.R.No.4620 of 2009
correction of typographical error. The trial Court has not considered
the fact that the amendment will not cause any prejudice to the
opposite party and the amendment is necessary for determining the
real question in controversy between the parties. The impugned
order is set aside. The amendment will be allowed subject to
payment of Rs.2,000/- as costs to the respondent.
Disposed of in limine.
(M.M.S.BEDI)
JUDGE
August 18, 2009.
rka
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