IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 2950 of 2011(O&M) Date of Decision: 30.08.2011 Prem .... Petitioner Versus Mange Ram ... Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present : Mr. Parminder Singh, Advocate for the petitioner Mr. Naveen Daryal, Advocate for the respondent 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? KANWALJIT SINGH AHLUWALIA, J. (ORAL) Plaintiff-respondent had filed a suit for permanent injunction in which he stated that he is owner in possession of a house consisting of two bed rooms, one veranda, open courtyard, one kitchen, stairs, one Baithak, one Piggery Shed, Bath Room, two Toilets and open space situated within the abadi-deh of village Khera Chhapra (Karnal). A written statement was filed thereto by the petitioner in which, in its para No. 2 of the reply on merits, it was stated as under:- “It is submitted that the property in dispute was jointly purchased by the plaintiff and defendant.” At the very initial stage of the suit an application was filed for an amendment in the aforesaid para and it was stated therein that C.R. No. 2950 of 2011(O&M) 2 word jointly purchased may be read as jointly possessed. This amendment was rejected by the Court below on the ground that words purchase and possession being different will change connotations and further more application for amendment was filed after framing of the issues and the defendant was not diligent enough to approach the Court at an early stage. It has been held that while allowing amendment of the written statement, Court should be liberal. Further more, it is apparent that both plaintiff and defendant are brothers. Thus they had inherited the ancestral property, therefore word “purchase” can be read as word “possession” which is only a rectification of typographical error. This amendment would clarify and save the parties from unwarranted complications. Hence, present petition is accepted. Application for amendment is allowed. (KANWALJIT SINGH AHLUWALIA) 30.08.2011 JUDGE reena