IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.753 of 1998 Date of decision: 5th February, 2010 Ram Pal … Petitioner Versus Gram Panchayat village Bata and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Adarsh Jain, Advocate for the petitioner. Mr. Anupam Sharma, Advocate for Mr. Arun Jain, Advocate for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner plaintiff had filed a suit for permanent injunction. The suit was instituted on 1st May, 1997. Before the filing of the written statement, an application was filed by the petitioner for amendment of the plaint. By virtue of amendment, petitioner plaintiff sought decree for declaration to the effect that he has acquired occupancy rights in the suit land mentioned in para 1 of the plaint. The prayer was declined on the ground that the applicant petitioner plaintiff intended to create entirely a different case from the case initially pleaded in the plaint. Mr. Adarsh Jain appearing for the petitioner has stated that that before filing of the written statement, application for amendment was filed. Issues were not drawn, therefore, no prejudice was caused to the respondents. Mr. Anupam Sharma, appearing for the respondents, has submitted that petitioner was remiss in his duty and therefore, present Civil Revision No.753 of 1998 petition be dismissed, in case this Court formulate opinion otherwise respondent defendants should be compensated by way of cost. I find merit in the contention advanced by counsel for the parties. Since the suit was at initial stage, right of the parties ought to be determined once and for all. The amendment will not only take care of complications, which could arise in future but will decide the issue regarding the rights and will avoid multiplicity of litigation. This Court is also conscious that at very initial stage, application for amendment was filed. Accordingly, present revision petition is allowed. The proposed amendment is permitted subject to the petitioner depositing cost of Rs.5000/- to the trial Court. [KANWALJIT SINGH AHLUWALIA] JUDGE February 5, 2010 rps 2