Civil Revision No. 5925 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No. 5925 of 2011 (O&M) Date of decision:- 13.10.2011 Dalip Singh ....Petitioner Vs. The Secretary to Govt. of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. Pritam Saini, Advocate, for the petitioner. A.N. JINDAL, J (ORAL) This petition assails the order dated 16.02.2011 passed by the Civil Judge (Junior Division), Mohali, dismissing the application filed by the plaintiff-petitioner (hereinafter referred as 'the petitioner') under Order 6 rule 17 read with Section 151 CPC for amendment of the plaint. The petitioner by way of application for amendment of the plaint, wants to challenge the orders dated 22.09.2005 passed by the Estate Officer, PUDA and dated 07.06.2006 passed by the Additional Chief Administrator, PUDA, so also the order dated 27.02.2007 passed by the Principal Secretary, Government of Punjab, Housing & Urban Development Authority, in respect of his claim for declaration for allotment of the plot from oustees quota. The plea set up by the petitioner is that due to inadvertence, these orders could not be challenged. Civil Revision No. 5925 of 2011 (O&M) 2 Notwithstanding the fact that the petitioner was in the knowledge of the aforesaid orders, yet he did not challenge the same, but this right of amendment cannot be ignored, particularly when the issues have still not been framed in the case. However, the delay in filing the application could be compensated by payment of costs. As regard the plea qua jurisdiction of the Court to entertain the suit, the same could be decided by the Court by treating the issue of jurisdiction as 'preliminary issue'. However, it would be expedient in the interest of justice to allow this amendment at this very initial stage. Resultantly, this petition is accepted, the impugned order is set aside and the petitioner is allowed to amend his plaint, subject to payment of Rs.10,000/- as costs. This petition is disposed of without issuing notice to the respondents with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondents may move to this Court for recalling this order. (A.N.JINDAL) October 13, 2011 JUDGE ajp