DINESH MEHTA,J. - (1.) By way of the present writ petition, the petitioner has challenged the order impugned dated 19.12.2009 passed by the learned Civil Judge (Junior Division) Judicial Magistrate, Pilibanga (hereinafter to be referred as "Trial Court") whereby, petitioner's application dated 17.12.2009 seeking amendment in the plaint has been rejected by the learned Trial Court.
(2.) Looking to the short controversy involved in the present and with the consent of the learned counsels for the parties, the case at hand is being decided finally, at this stage.
(3.) Bereft of unnecessary details, the facts relevant for the present purposes are that the petitioner-plaintiff filed a suit for permanent and mandatory injunction against the defendant in the year 2009 on 22.09.2009; and in pursuance therefore, a written statement came to be filed by the defendant. Before any substantial adjudication could take place in the suit and even the issues to be framed, the plaintiff realized that certain inadvertent errors have crept while drafting the plaint. Spelling out the said errors in para-4 and para-6 of the plaint, in relation to the name of the owner of the plot and the side of the plot, an amendment application dated 17.12.2009 seeking necessary correction in the plaint came to be filed by the petitioner. It will be appropriate to reproduce the amendments sought by the plaintiff vide application under consideration:- ...[VERNACULAR TEXT OMITTED]...;