C.R. No. 5028 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 5028 of 2009 Date of Decision: September 14, 2009 Surjit Singh …..Petitioner Vs. Harchand Singh and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Liaqat Ali, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order dated August 4, 2009, an application filed under Order 6 Rule 17 CPC for amendment of the plaint has been dismissed. Vide application for amendment, the plaintiff wants to incorporate Khasra no.41 alongwith Khasra Nos. 5, 6 and 19 min already mentioned in the plaint to clearly describe the property in dispute. The trial Court vide order dated August 4, 2009 has dismissed the application on the ground that the case is old and that the case is for permanent injunction only C.R. No. 5028 of 2009 [2] and the Court is not to see the possession and the question of ownership is not to be decided, therefore, amendment cannot be permitted. The Trail Court has ignored the fact that the property regarding which the injunction is sought for has to be properly described as per provisions of Order 7 Rule 3 CPC. Unless and until the description of the property is not contained in the plaint it cannot be sufficiently identified, it will not be appropriate to decide the case on the basis of vague pleadings. No doubt, there is a delay in filing of the application for amendment as the present suit was filed on June 3, 1997 prior to the amendment of CPC in the year 2002. Even otherwise, the amendment appears to be necessary for determining the real question of controversy between the parties. Next date of hearing before the trial Court is stated to be September 30, 2009. The prosecution witnesses are yet to be cross-examined. It is a fit case where the amendment should be allowed subject to payment of costs. The impugned order is set aside in limine as counsel for the plaintiff has submitted that the plaintiff will not be required to lead any additional evidence pursuant to the amended pleadings. Revision petition is allowed. It is ordered that the amendment of the plaint is allowed subject to payment of Rs.4000/- as costs. Costs will be paid on September 30, 2009. The trial Court will proceed in accordance with law after permitting the amendment of the plaint. September 14, 2009 (M.M.S.BEDI) sanjay JUDGE