IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 8275 of 2010 Date of decision: 19.7.2011 Daljeet Singh … Petitioner versus Sukha Singh and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Sanjeev Manrai, Advocate, for the petitioner Mr. Harsh Garg, Advocate, for the respondents ... ARVIND KUMAR, J: The present petitioner is the plaintiff in the suit for permanent injunction titled Daljit Singh v. Sukha Singh and others. He is aggrieved with order dated 8.11.2010 passed by the Civil Judge(Junior Division), Samana, by dint of which his application for amendment of the plaint has been dismissed. Heard. During the pendency of the suit, by order of the Court, Kanungo, Patran, was appointed to demarcate the land in dispute. His report indicted some encroachment by the defendants which led the plaintiff to file an application to amend the suit so as to insert the relief with regard to mandatory injunction seeking direction to the defendants to remove the encroachment made by them in the property. The dominant purpose of allowing the amendment is to minimize the litigation. The relief now sought to be added has arisen to the plaintiff during the pendency of the suit and that too upon the report of the Local Commission so appointed by the Courts. The merits of the averments sought to be incorporated by way of amendment are not to be judged at the stage of allowing prayer for amendment. The amendment will not only avoid multiplicity of litigation C.R. No. 8275 of 2010 -2- but can also take notice of subsequent events. As regards the objection regarding delay in filing the application, the other party can be compensated by awarding costs. In backdrop of these facts, the present revision is allowed, impugned order is set aside and the plaintiff is permitted to amend the plaint; however, subject to payment of costs of Rs.5000/- to be paid to the opposite side. July 19, 2011 ( ARVIND KUMAR ) JS JUDGE