- (1.) Challenge in the present revision petition is to the order dated 27.10.2014 (Annexure P1), whereby the application for amendment of the plaint has been dismissed by the Addl.Civil Judge (Sr.Divn.), Fatehabad, on the ground that since the petitioner-plaintiffs were restricting their claim, the Court could come to the conclusion that they were entitled for a lessor claim than that of the original and therefore, it would be wastage of time and resources to welcome an amendment of the plaint. The second reasoning which weighed was that there was laches on the part of the plaintiffs since they had taken various opportunities for leading evidence but had not done so and that there was no due diligence on their part.
(2.) Counsel for the petitioner submits that the power of amendment is wide and there should be due diligence and that no change in the nature of the relief has been sought and it is stated that the relief, if granted, would be conducive for the Court to adjudicate upon the matter and since the plaintiff is restricting his relief from 14 kanals 6 marlas to 2 kanals 2 marlas. It is submitted that it is on account of the stand taken by the defendants in the appellate proceedings that the amendment is necessitated.
(3.) Counsel for the respondents, on the other hand, has placed reliance upon the judgment of this Court in Paal Kaur Vs. M/s Dhamotia & Company Property Dealers & others, 2012 168 PunLR 307 to submit that the issues had been framed on 27.11.2012 and the application was filed on 29.09.2014 and in such circumstances, once the trial had commenced, the proposed amendment could not be allowed in view of the proviso of Order 6 Rule 17 CPC. After hearing counsel for the parties, this Court is of the opinion that no prejudice will be caused if the amendment is allowed. The initial suit is for prohibitory and mandatory injunction regarding the land situated in khasra No.544/12 (14-6), situated in Basti Bhiwan, Tehsil & District Fatehabad. The respondents, in their written statement, have referred to the notification dated 22.04.1955 under the Land Acquisition Act, 1894 and that compensation was paid to the landowners in the earlier litigation filed.;