Civil Revision No. 3043 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3043 of 2011 Date of Decision: 24.5.2011 *** Jagir Singh .. Petitioner Vs. Pritam Singh & Ors. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. S.S. Dinarpur, Advocate for the petitioner. *** ARVIND KUMAR, J. The petitioner-defendant is aggrieved with order dated 24.3.2011 passed by the learned trial Court by virtue of which the application for amendment filed by the respondent-plaintiff has been allowed. Heard. The plaintiff filed the suit for permanent injunction restraining the defendants from blocking the passage detailed in the head note of the plaint by raising any sort of construction. However, he filed an application for amendment of the plaint to incorporate the fact that during pendency of the suit the defendants have raised the construction and thereby blocked the passage. Hence, mandatory injunction be issued directing the defendants to remove the construction raised by them. Although, the aforesaid application was filed after the commencement of trial, but it cannot be ignored that the event so sought to be incorporated is subsequent one and as alleged has taken place during pendency of the suit. The cause of action to seek amendment arises only during pendency of the suit. That apart there will be no change in the basic structure of the suit and no prejudice is going to be caused to the defendants, who obviously have an opportunity to controvert Civil Revision No. 3043 of 2011 2 the aforesaid assertion by filing the amended written statement. No fault could be found with the approach adopted by the learned Court below while allowing the application of the plaintiff for amendment of the plaint. Dismissed. (ARVIND KUMAR) JUDGE May 24, 2011 Jiten