IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 6748 of 2009 Date of Decision: 23.08.2010 Jasbir Singh .... Petitioner Versus Atma Singh and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Ms. Aparna, Advocate for Mr. Avinash Chander Jain, Advocate for the petitioner Mr. Sandeep Mahajan, Advocate for the respondents ALOK SINGH, J. (ORAL) Present petition is filed challenging order dated 10.10.2009 passed by Civil Judge (Jr. Divn.) Amritsar whereby learned Civil Judge has rejected the application seeking amendment in the plaint under Order 6 Rule 17 CPC. Plaintiff had filed suit for possession against defendants- respondents saying plaintiff is the owner of the property in dispute. By way of amendment applicant-plaintiff wants to add pleading to the effect that attorney of the plaintiff - Banta Singh had sold 100 sq. yds i.e. 48 ft x 18 ft 9 inch of the land of Khasra No. 144 min to one Sh. Ram Lal son of Lachhman Dass vide sale deed dated 9.10.1968. Learned counsel for the respondents states that since amendment is being sought at very belated stage, hence, it should be allowed only on payment of heavy cost. Having heard learned counsel for the parties. It seems that amendment sought by the plaintiff is necessary for fair adjudication of the lis between the parties. C.R. No. 6748 of 2009 2 Petition is allowed. Amendment application is allowed subject to payment of Rs. 10,000/- as costs. Defendant shall be at liberty to file additional written statement to the extent of amended plaint within two weeks after amendment is carried out. (ALOK SINGH) 23.08.2010 JUDGE reena