In the High Court of Punjab & Haryana at Chandigarh
Civil Revision No. 3108 of 2008 (O&M)
Date of decision : 28.1.2009
Ran Singh ..... Petitioner
vs
Ram Chand ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. J. S. Hooda, Advocate, for the petitioner.
Mr. Raj Mohan Singh, Advocate, for the respondent.
Rajesh Bindal J.
Challenge in the present petition is to the order dated 5.5.2008 passed
by the learned Court below whereby the application filed by the
respondent/plaintiff for amendment of the plaint was accepted subject to payment
of Rs. 3,000/- as costs.
The petition was filed on 26.5.2008. Learned counsel for the
respondent/plaintiff at the very outset produced certified copy of order dated
10.5.2008 passed by the learned court below recording therein that the costs
imposed by the court for accepting the plea of amendment of plaint was accepted
by the petitioner/defendant and the amended plaint was taken on record. The case
was adjourned for 22.5.2008 for filing reply to the amended plaint. Certified copy
of the order is taken on record.
In view of this development, the challenge to the impugned order
whereby the amendment of the plaint was allowed subject to payment of costs does
not survive. Accordingly, the petition is dismissed.
28.1.2009 ( Rajesh Bindal) vs. Judge