Civil Revision No.6037 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6037 of 2010 (O&M) Date of decision: 09.11.2010 Dharam Pal ....Petitioner Versus Sat Pal and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Ashok Kumar Khubbar, Advocate, for the petitioner. Mr. Sandeep Gulati, Advocate, for Mr. Ravinder Malik, Advocate, for respondents No.2 and 3. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Plaintiff has filed the present petition challenging the order dated 25.8.2010 passed by the Civil Judge (Junior Division), Jagadhri, whereby the amendment application moved by the plaintiff was rejected. Brief facts of the present case are that plaintiff has filed a suit for declaration saying mortgage in favour of the defendants has already been re-deemed, hence the plaintiff is owner in possession of the disputed property. In the suit, the defendant/respondents have filed written statement denying the redemption of the mortgage and have contended before the trial Court that neither mortgage money was ever paid nor mortgage was ever redeemed. Civil Revision No.6037 of 2010 (O&M) -2- Plaintiff has moved amendment application before the trial Court saying, if mortgage is found to be not redeemed then in the alternative, suit for redemption of land after payment of redemption amount of `700/- may be granted. The learned trial Court has dismissed the amendment application vide impugned order. In the opinion of this Court, plaintiff is entitled to claim alternate relief. Moreover, in view of the defence taken by the defendants, amendment application seeking alternate relief ought to have been allowed, which has been wrongly dismissed. Present petition is allowed. Amendment application moved by the plaintiff is allowed subject to the payment of `5,000/- as costs. Defendants shall be at liberty to file additional written statement after amended plaint is filed before the trial Court. (Alok Singh) Judge November 09, 2010 R.S.