IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 6564 of 2010 Date of Decision: 08.10.2010 Tilak Kumar Sharma .... Petitioner Versus Nishi Sharma and another ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : None for the petitioner ALOK SINGH, J. (ORAL) Present petition is filed challenging the order dated 19.8.2010 passed by Addl. Civil Judge (Sr. Divn.) Ropar thereby allowing the amendment application moved by the plaintiff (respondent herein) and thereby adding the relief in the plaint for declaring the sale dated 1.12.2008 as illegal, null and void and impleading Sunita Devi as defendant No. 2 was allowed. Initially plaintiffs-respondents have filed a suit for permanent prohibitory injunction restraining the defendant from alienating, transferring, mortgaging and changing the nature of the house and further from restraining the defendant from forcibly dispossessing the plaintiffs from the house in question. During the pendency of the suit, plaintiffs have moved an application seeking amendment to incorporate additional relief for declaring the sale deed dated 1.12.2008 as void ab initio and liable to be cancelled. Plaintiffs further wanted to implead Sunita Devi as defendant No. 2. Learned trial Court vide impugned order allowed the amendment application. It is settled position of law that in a suit relief available C.R. No. 6564 of 2010 2 on the same cause of action and facts should be permitted to be claimed. To avoid multiplicity of the suit learned trial Court was well within its jurisdiction while allowing the amendment application. I do not find any reason to interfere with the order impugned herein. Dismissed. (ALOK SINGH) 08.10.2010 JUDGE reena