Civil Revision No.4009 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4009 of 2008 Date of decision: 5.2.2009 Lal Singh ...Petitioner Versus Mintu and another ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Munish Prabhaker, Advocate for the petitioner. Mr. S.K.Mahajan, Advocate for the respondents. ***** S.D.ANAND, J. The plaintiff-petitioner filed the impugned suit on a precise plea that he was a licensee under Puran Singh, the original allottee of that shop under the Municipal Corporation who died on 16.9.1993. In the plaint, that date of death was mentioned. In the testimony at the trial as well, the plaintiff-petitioner mentioned the date of death of Puran Singh as 16.9.1993. Thereafter, the plaintiff-petitioner applied for the leave of the Court to amend the plaint in order to aver that the date of death of Puran Singh was 16.9.1983 ( and not 16.9.1993). The learned Trial Court declined the application by observing that the allowance thereof would amount to holding of a de-novo trial. In that context, it was noticed that the evidence of the parties had already been concluded and the date of death Civil Revision No.4009 of 2008 -2- **** of Puran Singh was “very crucial in order to decide the controversy.” The view obtained by the learned Trial Judge deserves affirmation. There is no dispute with the factual averment that date of death of Puran Singh would have a crucial bearing on the adjudication of the controversy. The plaintiff-petitioner did not apply for amendment till the conclusion of evidence of both the parties. Even if, for the sake of arguments, the plaintiff-petitioner is allowed to amend the plaint, his testimony recorded at the trial cannot be allowed to be amended. Infact, there is no request made by the plaintiff-petitioner for the leave of the Court to obtain his recall/re-examination as a witness as at present. The date of death in the course of testimony is in accord with the date of death given in the plaint. If year of death of Puran Singh is amended in the plaint, the evidence adduced at the trial (in the statement of plaintiff/petitioner qua the date of death) would become inadmissible because it would not be in accord with the pleadings at the trial. In the totality of circumstances of the case, it is obvious that there is no force in the petition which shall stand dismissed. February 05, 2009 (S.D.Anand) Pka Judge