- (1.) This is a revision petition brought by the defendants under the provisions of Article 227 of the Constitution of India for setting aside the order dated 15.2.2011 passed by Civil Judge (Junior Division), Mukerian, vide which the application for amendment of the plaint has been allowed.
(2.) Joginder Singh, plaintiff had filed a suit for possession by way of removal of the super structure of all kind over land measuring 16 marlas out of the total land measuring 2 kanals 18 marlas, comprised in khewat No. 50 khatoni No. 106 and khasra no. 15R/17/1/(2-18) situated in village Fatehpur Kullian, Tehsil Mukerian, District Hoshiarpur, as per jamabandi for the year 1997- 98. In order to ascertain the fact of encroachment, a Local Commission from the Revenue Department was appointed in the year 2005. He demarcated the land at the spot and found the defendants to have been in possession of land measuring 2 kanals 4 marlas instead of 16 marlas. The plaintiff, consequently, filed an application for amendment of his plaint for substituting land measuring 16 marlas by land measuring 2 kanals 4 marlas in the plaint.
(3.) Taking reply to the application, learned Civil Judge (Junior Division), Mukerian heard learned counsel for the parties and for the reason that the application has been filed after submission of the report by Local Commission, in which he found the defendants to be in possession of 2 kanals 4 marlas, he has allowed the application by way of the impugned order. He has further observed in the impugned order that the proposed amendment would not change the nature of the suit nor it would cause any prejudice to the defendants in any manner.;