IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6469 of 2009(O&M) Date of Decision 12.11.2009 Surinder Singh and another ...... Petitioners VERSUS Balbir Kaur and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Ashish Gupta, Advocate, for the petitioners. ***** A.N.JINDAL, J(ORAL): This petition is directed against the order dated 29.09.2009, passed by CivilJudge (Junior Division), Moga, dismissing the application of the plaintiffs-petitioners for amendment of replication. The petitioners-plaintiffs, by way of amendment in the replication, seeks to introduce the plea that the defendants-respondents concealed the material fact with regard to the pendency of the previous suit which was withdrawn by the them. He submits that if the amendment is allowed then they would not lead any further evidence as the copy of the order dated 16.01.2002, passed by Civil Judge (Junior Division), Moga in civil Suit titled as Balbir Kaur versus Surjan Singh and others is already on the file. Heard, the trial Court framed following two issues:- 1. Whether the plaintiffs are entitled to declaration as prayed for ? 2. Whether the plaintiffs are entitled to injunction as prayed for ? The aforesaid two issues could be decided on the basis of evidence already led by the plaintiffs-petitioners. However, if the petitioners wanted to use the order dated 16.01.2002 in his favour, the same could be produced by way of evidence. The Court could discuss the effect of the aforesaid order while considering about the grant of relief of injunction. No formal amendment was required. As such, this revision petition is dismissed with the direction to the trial Court that it would evaluate the order Ex.P9 while disposing off the suit. (A.N.Jindal) Judge 12.11.2009 mamta-II