C.R. No. 4802 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 4802 of 2009 (O&M) Date of Decision : 21.10.2009 Mukhtiar Kaur .......... Petitioner Versus Chhotta Singh & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. H.S. Dhindsa, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) This revision petition under Article 227 of the Constitution of India is directed against the order dated 10.6.2009, passed by the learned Civil Judge (Jr. Divn.), Ludhiana vide which application moved by the defendant / respondents for amendment of the written statement stands allowed. The respondent / defendants by way of amendment sought to amend the petition to plead the plea of ownership on the basis of agreement to sell executed by deceased Chotta Singh. The learned trial Court allowed the application, as law of amendment is very liberal, and that in the written statement the defendant can take alternative pleas or additional pleas. The case being at initial stage the amendment prayed for was allowed. C.R. No. 4802 of 2009 2 The learned counsel for the petitioner vehemently contends that the impugned order cannot be sustained, as the facts sought to be pleaded by way of amendment were within the knowledge of the defendant / respondents while filing the written statement and, therefore, the respondents could not be allowed to plead those facts by taking a plea that the facts were subsequent event. On consideration, I find no force in the contention raised by the learned counsel for the petitioner. The facts which are within the knowledge of the party cannot be allowed to be pleaded after the commencement of trial, however, prior to commencement of trial a party can be allowed to amend pleadings, which are necessary for adjudication of the real dispute between the parties. No fault can be found with the order passed by the learned trial Court, which may call for interference by this Court in exercise of revisional jurisdiction under Article 227 of the Constitution of India. No merit. Dismissed. 21.10.2009 ( VINOD K. SHARMA ) 'sp' JUDGE