CR No.853 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.853 of 2010 (O&M) Decided on : 20-08 2010 Mehanga Ram ....Petitioner VERSUS Sher Bahadur and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Sandeep Jasuja, Advocate for the petitioner. Mr. A.K.Khunger, Advocate for the respondent MAHESH GROVER, J After hearing learned counsel for the parties, I am of the considered opinion that the petitioner has been wrongly deprived of the benefit of the amendment in a suit for recovery which was filed by the instant petitioner. The petitioner controverted the averments made in the plaint and pleaded that respondent owed him some money which can be established if account books are produced. During the course of testimony when account books were produced some entries were found which substantiated the case of the petitioner. He made application for amendment and also sought to seek permission of the Court to file his counter claim. Learned counsel for the petitioner states that law of amendment of pleadings should be construed liberally whereas learned CR No.853 of 2010 (O&M) 2 counsel for the respondent stated that once the trial has commenced the amendment of pleading should not be allowed. After hearing learned counsel for the parties, I am of the considered opinion that even though amended provisions of Civil Procedure Code do prohibit the amendment of pleadings after the trial has commenced yet the Court cannot lose sight of the fact that to ensure substantial justice, amendment can be allowed. Moreso, when it is in consonance with the dispute inter se between the parties. The impugned order is therefore set aside and the petitioner is permitted to amend his written statement and file his counter claim, subject to Rs. 5,000/- as costs. However, the Court shall independently evaluate the objections of the respondent to such an amendment and the claim which are sought to be introduced in the pending proceedings including the ground of limitation etc. August 20, 2010 (Mahesh Grover) rekha Judge