CMPMO 272 of 2008. 22.10.2008 Present: Mr. D.P.Chauhan, counsel for the petitioner. Mr. K.D.Sood, with Mr. Sanjeev Sood, counsel for the respondents. This petition has been preferred by the plaintiff before the learned trial Court challenging the order passed by the learned Civil Judge (Junior Division), Manali, District Kullu dismissing the application filed by the applicant under Order 6 rule 17 of the Code of Civil Procedure claiming amendment in the plaint to the following effect: “8(a) That in case the Hon’ble Court comes to the conclusion that the plaintiff is not in possession in that event the possession of the suit land after demolishing of the structures, if any, raised by the defendants on the suit land during the pendency of the suit be also delivered to the plaintiff” And That in prayer clause also the sub para (ii) (a) will be added as under: (ii) (a) That in case the Hon’ble Court comes to the conclusion that the plaintiff is not in possession in that event the possession of the suit land after demolishing of the structure, if any, raised by the defendants on the suit land during the pendency of the suit be also delivered to the plaintiff.” -2- The learned Court records that the issues were framed in 2007 and the suit commenced on 28.7.2007; the application was filed by the applicant on 31.3.2008, although the order records the date as 31.3.2007. He holds that it is not an act of inadvertence, but this relief could have been sought by the plaintiff even prior to the filing of the suit. I find that the approach of the learned trial Court is hyper technical. The only amendment sought by the petitioner-plaintiff was that in case the plaintiff is found out of possession, a decree for possession be passed in his favour after removing any construction etc. This neither changes the nature of the suit nor introduces a new or fresh case. This petition is accordingly allowed. The judgment and order of the learned trial Court is quashed and set aside. The amended plaint is directed to be taken on record of the case. October 22, 2008 (PC). (Dev Darshan Sud), J.