IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 4335 of 2011 Date of decision: 20.7.2011 Davender and others … Petitioners versus Sahab Singh and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. V. K.Agnihotri, Advocate, for the petitioners ... ARVIND KUMAR, J: The present petitioners are the plaintiffs in the suit for declaration titled Davender and another v. Sahab Singh and others. During the pendency of the suit, they filed an application for amendment of the plaint for indicating the factum of earlier suit titled Ram Kumar and others v. Sahab Singh and others with regard to the property in question which was got dismissed as withdrawn with permission to file a fresh suit and another suit which was filed by the plaintiffs before the Assistant Collector I Grade, Sonepat, titled Ram Kumar and others v. Sahab Singh and others, which was also got dismissed as withdrawn with permission to file a fresh one. The application was opposed on the ground that the plaintiffs have intentionally concealed these facts in the plaint. The application was dismissed vide impugned order dated 2.5.2011 passed by the Civil Judge(Junior Division), Sonepat. Hence, this revision. Heard. Under Order 6 rule 17, Code of Civil Procedure, no amendment can be allowed after the trial has commenced unless the Court comes to the conclusion that in spite of due diligence, the parties could not have raised the matter before the commencement of the trial. However, in the instant case, the factum of the previous suit, despite their knowledge, had not been mentioned in the plaint though it was specifically averred in C.R. No. 4335 of 2011 -2- the written statement but never mentioned even in the replication filed by them. They rather conceded it. The learned Court below has rightly dismissed the application following the judgment rendered by the Hon'ble Supreme Court in Raj Kumar Gurawara v. M/s S.K.Sarwagi and Company Private Limited and others 2009(2) LJR 493(SC). No interference is called for. The revision petition is dismissed. July 20, 2011 ( ARVIND KUMAR ) JS JUDGE