CR No.2626 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.2626 of 2009 Date of decision: 26.7.2010 Shaheed Bhagat Singh Memorial Trust, Jalandhar ......Petitioner(s) Versus Municipal Corporation, Jalandhar and anr. ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Ms. Puneeta Sethi, Advocate for the petitioner. Mr. Amit Aggarwal, Advocate for respondent No.1. Mr. Kunal Mulwani, Advocate for respondent No.2. Rakesh Kumar Garg, J. (Oral) This is plaintiff's revision petition challenging the impugned order dated 17.3.2009, whereby the amendment sought in the plaint i.e. to add the words “usage and user” after the words “peaceful construction” in the headnote and prayer clause, had been declined. Challenging the aforesaid order, learned counsel for the petitioner has vehemently argued that no doubt the issues were framed in the suit on 25.2.2008, however, the evidence on behalf of the petitioner is yet to start. It has been further submitted that it is a settled law that amendments in the plaint are to be liberally allowed and moreover, no prejudice is going to be caused to the respondents at this stage and they can very well be compensated with costs. It has also been submitted that the stand of the respondents that the petitioner wants to prolong and delay the proceedings is of no merit as it is petitioner's own case and the petitioner is not going to gain anything by prolonging the proceedings. CR No.2626 of 2009 2 Learned counsel for the petitioner has further relied upon judgments of the Hon'ble Supreme Court in Usha Devi v. Rijwan Ahamd & Ors. 2008 (1) RCR 194 and Rajkumar Gurawara v. M/s S.K. Sarwagi & Co. Pvt. Ltd.& Anr. 2009(1) CCC 001 (S.C.) to say that amendments can be allowed at any stage of the proceedings on such terms as may be just and the pre- trial amendments are to be allowed liberally. On the other hand, learned counsel for the respondents have vehemently supported the impugned order and have stated that with the framing of issues, trial of the suit has already commenced and therefore, proviso to Order 6 Rule 17 CPC comes into play. Thus, in the absence of pleading and proving due diligence, the amendments could not have been allowed. Learned counsel has further argued that earlier also the plaintiff had moved an application for amendment and the proposed amendment could have been incorporated at that stage and therefore, the present application for amendment of the plaint which is not bona fide, is liable to be rejected. I have heard learned counsel for the parties and perused the impugned order. Admittedly, no evidence has been led in the case and in case the proposed amendment is allowed, no prejudice is going to be caused to the respondents and they can well compensated with costs. Moreover they will be having an opportunity to defend the aforesaid proposed amendment by filing amended written statement, if any. Keeping in view the facts and circumstances of the case, the judgments cited at the Bar and the well settled principle of law to the effect that provisions of Civil Procedure Code are handmaid for administration of justice and are to be construed liberally in the advancement of the cause of justice, the present petition is allowed and the impugned order is set aside CR No.2626 of 2009 3 and as a consequence thereof, the application for amendment is allowed subject to payment of costs which are assessed at Rs.5,000/- Let the parties appear before the trial Court on the date fixed. On that date, the petitioner shall file the amended plaint. However, it is made clear that payment of costs shall be condition precedent for allowing the petitioner to file the amended plaint. In case the costs are not paid, the revision petition shall be deemed to be dismissed. Since the petitioner has already taken enough time to lead evidence, it is directed that the petitioner shall complete his evidence within six months from the date of completion of the pleadings. Revision petition is allowed in the aforesaid terms. July 26, 2010 (RAKESH KUMAR GARG) ps JUDGE