High Court Punjab-Haryana High Court

Surjit Singh vs Parshotam Dass on 26 February, 2009

Punjab-Haryana High Court
Surjit Singh vs Parshotam Dass on 26 February, 2009
CR No. 1003 of 2009                                     1

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH


                                    CR No. 1003 of 2009
                               Date of decision February 26, 2009

Surjit Singh
                                                        .......   Petitioner
                               Versus

Parshotam Dass
                                                        ........Respondent


CORAM:            HON'BLE MR. JUSTICE K. KANNAN

Present:-          Ms. G. K. Turka, Advocate
                   for the petitioner .



                        ****

1. Whether reporters of local papers may be allowed
to see the judgment ?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the
digest?

K. Kannan, J (oral).

1. The revision is against the order of the trial Court

dismissing an application for amendment of the written statement. The

written statement was sought to be amended after the plaintiff was cross

examined and the defendant had tendered his evidence and he was also

cross examined. It was at the stage of rebuttal evidence and arguments

that the defendant had thought about amending the written statement

already filed.

2. Learned counsel for the petitioner also relies on a

judgment of the Supreme Court in Punjab National Bank Vs. Indian Bank

and another 2003 (2) RCR (Civil) 668 where the Court has held that

Courts shall normally be liberal while allowing applications for amendment

of the written statement unless there was a bar of limitation, the pleadings

shall normally be permitted to be amended. I am afraid that the decision
CR No. 1003 of 2009 2

referred to by the learned counsel does not help the petitioner in any way.

This decision refers to the principle that has to be normally followed but in

this case the trial Court adverted to the fact that the facts which are now

sought to be introduced were already available and known to the petitioner

and sought to be introduced, especially after evidence of the defendant had

been tendered under the circumstances. The additional pleadings could

not be brought by means of an amendment. While evidence will always

follow to conform to the pleadings, the reverse shall not be true, evidence

cannot first be led in on matters not pleaded and subsequently an attempt

made to introduce pleadings to conform to evidence. The dismissal of the

application by the Court below is justified and there is no scope for

intervention in the revision.

3. The revision petition is dismissed.

(K. KANNAN)
JUDGE

February 26, 2009
archana