IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 07.07.2010 C.R.No.2972 of 2010 Balbir Singh ...Petitioner Versus Dharam Singh etc. ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. Aashish Gupta, Advocate, for Mr. Vikram Singh, Advocate, for the petitioner. Mr. Sanjiv Gupta, Advocate, for the respondents. HEMANT GUPTA, J. (Oral) The plaintiff-petitioner is aggrieved against the order passed by the learned trial Court on 15.3.2010, declining the application for amendment of the plaint. The petitioner wishes to incorporate prayer for a decree for mandatory injunction to claim possession of the property, though the cause title mentioned to be a suit for declaration with mandatory injunction, but relief in respect of mandatory injunction has not been incorporated in the prayer clause. The petitioner has also sought amendment to correct the date of impugned decree as 10.12.1992 in the prayer clause and in certain paragraphs in the plaint. During the course of hearing, learned counsel for the petitioner restricted his claim for amendment in the plaint to the extent of correction of the date of impugned decree in the plaint and sought liberty to move another application for amendment of the plaint before the trial Court. C.R.No. 2972 of 2010 Learned counsel for the respondents has no objection in correction of the date of impugned decree in the plaint including in the prayer clause. In view of the above, the order passed by the learned trial Court is set aside. The plaintiff-petitioner is permitted to amend the plaint so as to correct the date of impugned decree as 10.12.1992, wherever it appears as 10.12.2008. However, in respect of amendment in respect of prayer for decree for mandatory injunction, the petitioner is granted liberty to move another application before the learned trial Court. As and when such application is filed, the learned trial Court shall consider the same in accordance with law. With the said observations, the present petition is disposed of. 07.07.2010 (HEMANT GUPTA) Vimal JUDGE 2