CR No.5656 of 2009 - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.5656 of 2009 (O&M) Date of Decision: 25.09.2009 **** Kuldip Singh Ahluwalia . . . . Petitioner VS. Tarjit Singh and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. L.M. Gulati, Advocate for the petitioner None for the respondent ***** SURYA KANT J. (ORAL) (1). The case has been called twice, however, no one appears on behalf of the respondent. (2). This revision petition is directed against the order dated 08.09.2009 passed by the Additional Civil Judge (Senior Division), Amritsar, dismissing the petitioner’s application for amendment of the written statement. (3). The respondent-plaintiffs are brothers of the petitioner-defendant No.2. The respondent-plaintiffs have filed a suit for partition and separate possession in respect of more than one properties situated at Amritsar. The suit was filed in the year 1998. The petitioner and his co-defendant took more than 8 years to file the written statement which was filed on 26th September, 2006 only. The issues were framed on 14.11.2006 and thereafter the evidence of the respondent-plaintiff’s was closed on 24.09.2007. It was CR No.5656 of 2009 - 2 – thereafter only that the petitioner moved the present application for amendment of the written statement. (4). The plea of the petitioner, prima facie, appears to be frivolous and lacks bona fide and is apparently meant only to delay the trial court proceedings. The trial Court has dismissed the application with costs. In my considered opinion, the application ought to have been dismissed by the ld. Trial Court with exemplary costs on the petitioner. This aspect shall be taken care by the ld. Trial Court in future, if the occasion arises. (5). No case to interfere with the impugned order passed by the trial court is made out. (6). Dismissed. (SURYA KANT) JUDGE 25.09.2009 shonkar