MAHINDER SINGH & ORS Vs. RAJ KAUR

JUDGEMENT

(1.) This is plaintiffs' revision petition challenging the impugned order dated 29.07.2010, whereby their application under Order 6 Rule 17 read with Section 151 CPC for amendment of the plaint has been dismissed.

(2.) As per the averments made in this petition, petitioners filed a suit for permanent injunction restraining the respondent from dispossessing the petitioners from the suit land on the averments that petitioners as well as respondent are co-sharers in the suit land as per jamabandi for the year 2005-06 and the petitioners were in peaceful possession to the extent of their share out of joint khata for the last many years and the defendant-respondent is trying to dispossess the petitioners from the suit land and to interfere into their peaceful possession illegally, forcibly and without due course of law.

(3.) Respondent filed written statement admitting the fact that parties to the suit are co-sharers in the suit land. However, it was denied that petitioners were in possession of the suit land. It was further submitted by the respondent in the written statement that the suit was not maintainable as no suit for permanent injunction lies against a co-sharer. Issues in the suit were framed on 02.09.2008. Petitioners moved an application dated 13.02.2009 (Annexure P-4) for amendment in the plaint submitting that while engaging their advocate, they had briefed him with regard to each and every fact of the case. However, their counsel did not mention true facts in the plaint and instead, mentioned all the wrong facts for the reasons best known to him and therefore necessity arose to file the present application for amendment in the plaint. It was also pleaded that the amendment sought to be made is only to elaborate the pleas taken in the pleadings to justify their possession over the suit land by alleging that the petitioners and respondent are not co-sharers and the suit land was partitioned between their predecessors-in-interest and thus they be allowed to amend the plaint.