On January 11, 2023, the Punjab and Haryana High Court, while dismissing a petition filed against the order of the trial court, allowed an application for an amendment in the plaint and the decree, passed in a suit for declaration in the year 1991.
Brief Facts:
The present petition was filed by the petitioner challenging the order dated 17.11.2022, whereby the application of an amendment in the plaint filed by the husband of the respondent, and the decree passed in the year 1991, was allowed.
Contentions of the Petitioner:
The counsel for the petitioner submitted that the suit for declaration was decreed in the year 1991 and in the terms of the pleadings, square number was mentioned as 65. The respondent sought an amendment in the pleadings and the decree after 26 years, while stating that it should have been Square No.69 instead of Square No.65. It was further submitted that the amendment could not be made at a belated stage especially when 26 years were lapsed.
Observations of the Court:
The Hon’ble court observed that the suit was decreed in favor of the husband of the respondent in the year 1991 and it was true that in the plaint and the decree, square number was mentioned as 65. The respondent filed an application for a correction in the plaint and the decree as a complaint was made against her by the tenants of the petitioner, thereafter she realized that there was an error in the plaint and the decree.
The court further observed that the original file was summoned by the trial court and the Jamabandi on file was for the year 1984-85 wherein square number was mentioned as 65. But the square number was mentioned as 69 in the Jamabandi for the year 1999-2000 which was filed along with the application and the correction was made thereafter.
The court further noticed that the petitioner had also filed a civil suit with regard to the same property and in the pleadings, she also mentioned square No. to be 65 which further strengthened the factum of an error in the revenue record which was corrected. Hence, there was indeed an error in the revenue record which was corrected and on the basis of the correction in the revenue record, an amendment in the plaint and the decree was sought which was further allowed by the trial Court.
The Decision of the Court:
The petition was dismissed. the order passed by the trial court was upheld.
Case Title: Swaran Kaur Vs. Amarjit Kaur
Coram: Hon’ble Mr. Justice Anupinder Singh Grewal
Case No.- CR-137-2023
Advocate for Petitioner: Mr. Paramjit Singh Jammu
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