IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5543 of 2008 Date of decision:05.03.2009 Paramjit Singh ...Petitioner versus Punjab State Electricity Board and others ...Respondents CORAM: HON'BLE MR. JUSTICE K.KANNAN Present: Mr.Ramesh Sharma, Advocate for the petitioner. Mr.Parminder Singh, Advocate for the respondents. 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 ? K.Kannan, J.(Oral) 1. Petition for amendment of a plaint by an inclusion for prayer in mandatory form was rejected by the Court below and the Civil Revision assails the order of the trial Court. 2. According to the plaintiff the defendant had erected the poles in spite of objection by him after the institution of a suit and by an event that had taken place subsequent to the institution, he is entitled to have the poles erected on the property removed. On the other hand, counsel for the respondent contends that the poles were already existing and the suit had been instituted even in the year 2006 without reference to actual statement of facts and the plaintiff shall not be permitted to have the plaint amended. According to him, the installation of poles had been made even prior to the institution of the suit. 3. The grievance or otherwise regarding when the poles were installed by the respondent would be a matter for adjudication in Civil Revision No.5543 of 2008 - 2 - this suit. The entitlement or otherwise of the defendant to have poles erected will again the matter for adjudication only at the time of trial. No prejudice would be caused if the plaintiff is permitted to amend the plaint to have an effective adjudication on all contentious issues. Under the circumstances, the order of the Court below is set aside and the plaintiff shall be entitled to amend the plaint in the manner sought for in the petition. The defendant shall have adequate opportunity to file written statement to counter the facts averred in the amendment and seek an adjudication on all contentious issues at the time of trial. 4. The Civil Revision is allowed in the above terms. (K.KANNAN) JUDGE 05.03.2009 sanjeev