Shamsher Kaur vs Savita Chaudhary

Hemant Gupta, J.—Defendant is in revision aggrieved against the order passed by learned trial Court on 18.3.2010 whereby the Plaintiff was directed to amend her plaint so as to challenge the judgment and decree as well as mutation Exhibits D-6 & D-7.

It is the case of the Defendant-Petitioner that the Plaintiff cannot be directed by learned trial Court to amend the plaint so as to incorporate the challenge to the judgment and decree and mutation on its own. It is the case of the Petitioner that the amendment in the pleadings can be permitted only on the ground permissible in law and that too before the trial has commenced.

Without examining the question whether the Plaintiff could be permitted to amend the plaint at the stage of the proceedings, suffice it to say that the order of the trial Court to direct the Plaintiff to amend the plaint so as to incorporate the challenge to the judgment and decree and mutations is legal and tenable. It is the parties to frame their respective pleadings. The direction of the trial Court to the Plaintiff to amend the plaint are absolutely illegal and unwarranted.

Consequently, revision petition is allowed. The order passed by the trial Court dated 18.3.2010 is set aside. As and when Plaintiff files an application for amendment of the plaint, the same shall be considered by the trial Court in accordance with law.