IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 8310 of 2010 Date of decision: 12.5.2011 Rajesh Kumar … Petitioner versus Subhash Chander … Respondent CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Ms. Sangita Dhanda, Advocate, for the petitioner Mr. P.L.Singla, Advocate, for the respondent. ... ARVIND KUMAR, J: The present petitioner is the plaintiff in the suit for joint possession titled as Rajesh Kumar v. Subhash. He is aggrieved with order dated 26.4.2010 passed by the Civil Judge(Jr.Division), Jagraon, by dint of which his application for amendment has been dismissed on the ground that the amended plaint had not been annexed along with the application. Heard. Plaintiff has sought amendment mainly on the ground that the earlier counsel had made certain errors in the plaint in relation to the description of the properties, area etc. which had been noticed by the subsequent counsel after the death of the previous counsel. It is settled proposition of law that for the negligence of the counsel, the party should not suffer. The dominant object to allow amendment in the pleadings liberally is to avoid multiplicity of the proceedings. It is equally well-settled that unless serious injustice or irreparable loss is likely to be caused to the other side, the Court should adopt liberal approach and not hypter-technical approach particularly in a case where the other side can be compensated C.R. No. 8310 of 2010 -2- with costs. No doubt, the trial has commenced but keeping in view the errors committed by the previous counsel in the original plaint, a great prejudice would be caused to the plaintiff if the amendment is not allowed. Rules and procedure are hand-maid of justice and are meant to enhance it and not to scuttle the same. The dispute between the parties is required to be disposed of on merits and not on the basis of technicalities. Accordingly, the revision petition is allowed and order under challenge is set aside. The trial Court is directed to permit the plaintiff-petitioner to file amended plaint ; however, subject to payment of costs of Rs.10,000/- to be paid to the other side before the trial Court at the time of filing the amended plaint. The revision petition stands disposed of accordingly. May 12, 2011 ( ARVIND KUMAR ) JS JUDGE