Paramjit Singh vs Punjab State Electricity Board … on 5 March, 2009

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                       Civil Revision No.5543 of 2008
                                       Date of decision:05.03.2009

Paramjit Singh                                             ...Petitioner

                          versus

Punjab State Electricity Board and others                  ...Respondents

CORAM: HON’BLE MR. JUSTICE K.KANNAN

Present: Mr.Ramesh Sharma, Advocate for the petitioner.

Mr.Parminder Singh, Advocate for the respondents.

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. Petition for amendment of a plaint by an inclusion for

prayer in mandatory form was rejected by the Court below and the Civil

Revision assails the order of the trial Court.

2. According to the plaintiff the defendant had erected

the poles in spite of objection by him after the institution of a suit and by

an event that had taken place subsequent to the institution, he is entitled

to have the poles erected on the property removed. On the other hand,

counsel for the respondent contends that the poles were already existing

and the suit had been instituted even in the year 2006 without reference

to actual statement of facts and the plaintiff shall not be permitted to

have the plaint amended. According to him, the installation of poles had

been made even prior to the institution of the suit.

3. The grievance or otherwise regarding when the poles

were installed by the respondent would be a matter for adjudication in
Civil Revision No.5543 of 2008 -2-

this suit. The entitlement or otherwise of the defendant to have poles

erected will again the matter for adjudication only at the time of trial. No

prejudice would be caused if the plaintiff is permitted to amend the plaint

to have an effective adjudication on all contentious issues. Under the

circumstances, the order of the Court below is set aside and the plaintiff

shall be entitled to amend the plaint in the manner sought for in the

petition. The defendant shall have adequate opportunity to file written

statement to counter the facts averred in the amendment and seek an

adjudication on all contentious issues at the time of trial.

4. The Civil Revision is allowed in the above terms.

(K.KANNAN)
JUDGE
05.03.2009
sanjeev