C.R. No.398 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision : 04.08.2009 Haryana Wakf Board through its Estate Officer .....Petitioner versus Prem Singh Jogi .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Vineet Yadav, Advocate, for Mr.A.R.Takkar, Advocate, for the petitioner. Mr.Brijender Kaushik, Advocate, for the respondent. -.- Surya Kant, J. This revision petition is directed against the order dated 24.11.2008, passed by the Wakf Tribunal-cum-Additional District Judge, Ambala, dismissing the application of the petitioner under Order 6 Rule 17 read with Section 151 C.P.C., for amendment of the plaint sought at the stage when the case was fixed for final arguments. Learned Tribunal has held that both the parties have concluded their evidence and the case was fixed for arguments, therefore, no amendment in the pleadings is permitted at this stage. Learned counsel for the parties have been heard and the pleadings have been perused. The petitioner has filed a suit for vacant possession of “Mosque Rojawali by removal of unlawful and unauthorised possession and construction situated within the abadi deh of village Durana (Mehandi Ka C.R. No.398 of 2009 2 Durana).....”. The respondent-defendant filed the written statement with a specific plea that “the defendant has got no concern with the Mosque and the wakf property as referred to above”. He has further averred that he has never tried to occupy the mosque building forcibly and illegally and he is in possession of his own property only. After both the parties led their evidence, the petitioner-plaintiff sought amendment of the plaint in order to give the demarcation/boundaries of the property for which it has filed the suit for possession. No such amendment, at this stage, can be permitted as it would render the entire exercise already undertaken into futility and put the parties back to square. The proviso added to Order 6 Rule 17 CPC by the Act No.22 of 2002, also expressly bars such like amendments. Dismissed. 04-08-2009 (SURYA KANT) Mohinder JUDGE