IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 86 of 2008. Date of decision: 23.3.2011. Ms. Monika & Ors. …Petitioners. Versus Surinder Kumar & Ors. …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioners: Mr. Ajay Kumar, Advocate. For the respondents: Mr. Neeraj Gupta, Advocate. Deepak Gupta, J. (Oral) 1. This petition is directed against the order dated 17.1.2008 passed by learned Civil Judge (Jr. Division)-II, Kangra rejecting the application filed by the plaintiffs for amendment of the plaint. 2. Briefly stated the facts of the case are that the plaintiffs filed a suit for declaration claiming that they are owners in possession of the suit land and also prayed that the defendants be a decree of permanent prohibitory injunction from interfering in the suit land. It is apparent that during the course of the suit when interim application under Order 39 CPC was pending, a Local Commissioner was appointed and the said Local Commissioner submitted his report in the year 1994 prior to the 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. : 2 : framing of the issues in the case. Thereafter the case proceeded for 14 long years. Both parties led evidence and when the case was at the stage of arguments, the plaintiffs filed an application praying that they want to amend the plaint and the amendment sought was that a part of khasra No. 232 measuring 0-00-32 hectares was included in khasra No. 570 during the settlement proceedings. 3. It may be true, that this amendment on the face of it, may be innocuous, but the fact remains that there is no explanation worth the name as to why the plaintiff did not file an application for amendment for 14 long years. By means of this amendment challenge is also laid to the correctness of the settlement proceedings. Such an amendment cannot be allowed at this stage because this would virtually amount to de novo trial of the suit. Therefore, the petition is dismissed. Since the case is of the year 1994, the parties through their learned counsel are directed to appear before the learned Trial Court on 5.4.2011 and the learned Trial Court shall dispose of the suit latest by 31st May, 2011. No costs. (Deepak Gupta) Judge March 23, 2011. (Krn Guleria)