C.R. No. 686 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 686 of 2011. Date of Decision: 28.07.2011 *** Rakesh Kumar .. Petitioner VS. Rajinder Kumar .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Arun Jain, Sr. Advocate with Mr. Amit Jain, Advocate for the petitioner. *** ARVIND KUMAR, J. The present petitioner was sued by the respondent-plaintiff in a suit for separate possession. The suit was decreed and the present petitioner preferred an appeal against the judgment and decree passed by the learned trial Court. During the pendency of the appeal, he filed an application seeking amendment of the plaint. After contest, the said application has been dismissed by the learned appellate Court by virtue of order dated 28.10.2010. Hence, the instant revision petition has been filed. Heard. It is apparent from the records that the impugned application was filed at the appellate stage. Although, amendment can be allowed at any stage, but the Court has to satisfy itself that the proposed amendment is necessary for the proper decision of the case, apart from the fact that no prejudice is going to be caused to the opposite side and the amendment should not be allowed in a routine manner. It is evident from the perusal of impugned order that by proposed amendment the petitioner not only wants to withdraw from his earlier stand by taking a contradictory, but also to by- pass the findings returned by the trial Court on the issues adjudicated upon. Such a course cannot be permitted, especially when the petitioner failed to show that such facts, which he wants to incorporate by way of proposed C.R. No. 686 of 2011 2 amendment, were not in his knowledge at the time when he filed the written statement or led the evidence. Considering these aspects of the matter, the learned Court below rightly declined the prayer of the petitioner for amendment in the written statement. The Court below has passed a well reasoned order, which warrants no interference by this Court. Dismissed. (ARVIND KUMAR) JUDGE July 28,2011 Jiten