Surya Kant, J. - (1.) THIS revision petition is directed against the order dated 13th December, 2005 passed by the learned Civil Judge (Senior Division), Nawanshaher whereby an application under Order 6 Rule 17 C.P.C. moved by the petitioners for amendment of their plaint, has been dismissed.
(2.) THERE exists a dispute between two sets of members of the Managing Committee of J.S.F.H. Khalsa High School, Nawanshaher. The petitioners have filed a suit for declaration to the effect that they are duly elected members/office bearers of the aforesaid school and that the election allegedly held on 26th February, 1999 is null and void. Admittedly, further proceedings in the aforesaid civil suit were stayed under Section 10 CPC in the light of the fact that the same controversy was already a subject matter of R.S.A. No. 4540 of 2003 pending in this Court. The petitioners, however, moved an application for amendment of their plaint on the ground that during the pendency of the suit, the tenure of the Managing Commit -tee/members had expired and pursuant to a fresh election, they have been re -elected. Learned trial Court, however, dismissed the application after observing that the said subsequent event is not necessary to be brought on record to decide as to whether or not the election held on 20th February, 1999 is null and void.
(3.) IT is, however, stated by learned Counsel for the parties that R.S.A. No. 4540 of 2003, has since been decided by this Court and the suit would now proceed on merits. In these circumstances, when the suit is at its preliminary stage, no prejudice shall be caused to the respondent/defendants if the amendment sought by the petitioners on the basis of the alleged events which have already taken place, is allowed.;