Civil Revision No.6692 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6692 of 2009 (O&M) Date of decision: 09.11.2010 M/s Maheshwari Metal Works, Delhi Raod, Rewari, and others ....Petitioners Versus Pushpa Devi and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. M.K. Mittal, Advocate, for the petitioners. Mr. S.P. Singh, Advocate, for respondent No.4. Mr. Anil Bansal, Advocate, for respondents No.1-B, 1-C, 1-D and 4-A. Mr. A.C. Jain, Advocate, for respondent No.4-B. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Present petition is filed challenging the order dated 25.8.2009 passed by the Additional Civil Judge (Junior Division), Rewari, whereby the amendment application moved by the plaintiff/petitioners, seeking amendment in the plaint, was rejected. In the suit, plaintiffs have moved application claiming amendment contending therein that plaintiffs have been dispossessed during the pendency of the suit, hence relief of possession is required. Learned trial Court while placing reliance on the judgment of Civil Revision No.6692 of 2009 (O&M) -2- this Court in the matter of Dewan Chand Vs. Kalyan Dass, AIR 1988 Punjab 43, has held that even if the plaintiffs are not permitted to add relief of possession by way of amendment, relief of possession can be granted in favour of the plaintiffs, if the plaintiffs are able to prove that they have been dispossessed during the pendency of the suit. If it is so, then amendment sought seems to be formal in nature, which will not amount to change of cause of action and nature of the suit. Present petition is allowed. Amendment application moved by the plaintiffs/petitioners is allowed and the impugned order is set aside. Defendants shall be at liberty to file additional written statement within thirty days thereafter. (Alok Singh) Judge November 09, 2010 R.S.