C.R.No.6501 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.6501 of 2009 Date of Decision 10.11.2009 Darshan Singh ........ Petitioner Versus Roshan Lal ........ Respondent CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA Present: Mr.Sherry K.Singla, Advocate, for the petitioner. HEMANT GUPTA, J. The challenge is the present petition is to the order dated 23.10.2009, passed by the learned trial court whereby the examination-in-chief by way of affidavit of PW-1 Bhagwant Rai and PW-2 Ashok Kumar, was permitted to be corrected for the reason that such affidavits are not properly verified. Learned trial court has allowed the application and permitted the plaintiff to file correct the corrected verification on separate sheets with reference to the existing affidavits, subject to the payment of Rs.3000/- as costs. Learned counsel for the petitioner has vehemently C.R.No.6501 of 2009 -2- argued that the application filed by the plaintiff for pointing out wrong verification in the affidavits submitted by PW-1 Bhagwant Rain and PW-2 Ashok Kumar, is not maintainable as such an application could be filed by the witnesses alone and not by the plaintiff. Since, the witnesses have not come forward to aver that the affidavits are not properly verified, therefore, the application entertained by the trial court for correction of verification is not tenable. I do not find any merit in the argument raised by the learned counsel for the petitioner. PW-1 Bhagwant Rai and PW-2 Ashok Kumar, are the attesting witnesses of the pronote on the basis of which suit for recovery was filed by the plaintiff. The examination-in-chief of the witnesses is prepared by an advocate. The plaintiff has pointed out the mistake in the verification. The witnesses are not stranger to the parties, they are the witnesses of pronote. Therefore, it is the plaintiff who is effected in respect of wrong verification has a right to seek amendment in the verification as the failure to amend the affidavits will defeat the claim of the plaintiff alone. Though, the plaintiff should have been careful while submitting the examination-in-chief in affidavits but the mistake in the verification can be said due to inadvertence and can be permitted to be corrected. I do not find any failure of cause of justice in permitting C.R.No.6501 of 2009 -3- the plaintiff to amend the verifications in the affidavits as such the amendment is advance cause of justice. In view of the above, I do not find any patent illegality or irregularity in the order passed by the learned trial Court, which may warrant interference by this Court in the present revision petition. Dismissed. November 10, 2009 (HEMANT GUPTA) rishu JUDGE