IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CR No.709 of 2010 (O&M) Date of decision: February 2, 2010. Darshan Singh ...Petitioner v. Governing Council Khalsa College Society & Ors. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Shri Vaibhav Narang, Advocate, for the petitioner. Rakesh Kumar Garg, J. (Oral): This is defendant's revision petition challenging the impugned order whereby the plaintiff-respondent has been allowed to amend the description of the property. Counsel for the petitioner has vehemently argued that the amendment as allowed by way of the impugned order is erroneous and against the well settled principles of law as settled by the Hon'ble Supreme Court in Vidyabai & Ors. v. Padmalatha & Anr., 2009(1) RCR (Civil) 763 as according to him the trial has already commenced and, therefore the amendment cannot be allowed. I have heard learned counsel for the petitioner. The Hon'ble Supreme Court in Revajeetu Builders & Developers v. Narayanaswamy & Sons & Ors., 2010(1) RCR (Civil) 27, has observed that while deciding applications for amendments, the courts must not refuse bona fide, legitimate and necessary amendments. In the aforesaid judgment, it has also been held that the amendment in the pleadings may be allowed if no prejudice is being caused to the other side by such an amendment. Even in Vidyabai's case (supra), the Hon'ble Supreme Court held that the court may allow amendment if such an amendment is necessary to decide the real dispute between the parties. A perusal of the impugned order would show that in fact the identity of “the property in dispute” was not disputed by the petitioner and by way of the impugned order the plaintiff-respondent has been allowed to amend the description of the property only. Moreover, it has been observed by the trial court that after the amendment, the plaintiff-respondent is not leading any fresh evidence and, therefore, no prejudice is going to be caused to the petitioner, who is still leading his evidence. Dismissed. February 2, 2010. [ Rakesh Kumar Garg ] kadyan Judge