C.R. No. 4642 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 4642 of 2008 Date of Decision: July 22, 2009 Rajeev Ahluwalia and others …..Petitioners Vs. Ritu Ahluwalia and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Ms. Ekta Thakur, Advocate for the petitioners. Mr.Arihant Jain, Advocate for the respondents. -.- M.M.S. BEDI, J. (ORAL) Defendants have filed this revision petition against the order dated May 12, 2008 passed by Civil Judge (JD), Chandigarh, permitting the plaintiff- respondent an amendment by virtue of which the plaintiff- respondents have been permitted to seek the relief of joint possession and partition in their suit which had originally been filed for declaration and permanent injunction. C.R. No. 4642 of 2008 [2] Counsel for the petitioners has vehemently contended that when a party is aware of certain facts at the time of filing of the suit, he should not be permitted to incorporate the same by way of amendment subsequently. Counsel for the petitioners has contended that the nature of the suit has been changed by permitting the amendment. I have heard counsel for the petitioner and counsel for the respondent and carefully gone through the pleadings. Initially the suit was filed for declaration but subsequently on the objection raised by the defendants regarding the maintainability of the suit, the plaintiff- respondents sought to add consequential relief of joint possession and partition. I have considered the contention of counsel for the petitioners that the plaintiff-Ritu Ahluwalia has shown herself to be resident of Patiala and the property being situated at Chandigarh, she can neither seek joint possession nor partition in view of the local laws of Chandigarh. The suit is at initial stage. In case the plaintiff- respondents are not successful in establishing their right, their suit for joint possession and partition can be dismissed on merits. The parties are yet to lead their evidence. The only illegality in the order is that the costs has not been imposed upon the plaintiff- respondents. The revision is dismissed. However, it is held that the defendant- petitioners will be entitled to costs of Rs.2000/- to be paid by plaintiff- respondents. The costs of Rs.2000/- will be paid on next date of hearing before the trial Court. July 22, 2009 (M.M.S.BEDI) C.R. No. 4642 of 2008 [3] sanjay JUDGE