NAIB SINGH Vs. HARNEK MOHD. & KHAIR DIN

JUDGEMENT

(1.) This revision petition is directed against order dated 17.4.2009 passed by Civil Judge (Jr. Divn.) Chandigarh whereby an application filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short 'CPC') for amendment of the plaint has been dismissed.

(2.) Brief facts of the case are that petitioner filed a suit for declaration challenging the sale deed dated 8.7.2004 purported to have been executed by Labhu Ram and Ishar Kaur. In the said suit, Ishar Kaur was not impleaded as a party. Defendant No. 1 Labhu Ram filed his written statement on 9.10.2004 and an objection of non-joinder of necessary parties was taken. The petitioner did not file any replication. Issues were framed on 6.1.2007 and at that time, it was ordered that no other issue arises nor claimed by the parties. PF/DM and list of witnesses was ordered to be filed within 7 days. It was clarified that under law only three opportunities will be given to the plaintiff irrespective of the fact whether witnesses have been cross-examined by the opposite party or not. Despite the aforesaid order, the petitioner did not produce any witness and the case was adjourned for many dates from 16.2.2007 to 23.2.2010. On 13.4.2007, the petitioner filed an application under Order I Rule 10 CPC to implead Ishar Kaur but the application was dismissed on 15.10.2007. The relevant portion of the said order is reproduced as under:

(3.) The petitioner then filed a Civil Revision No. 6065 of 2007 in order to challenge order dated 15. 10.2007. While the aforesaid revision was pending, an application under Order 6 Rule 17 CPC was filed by the petitioner in order to implead Ishar Kaur and also to seek decree of possession with the declaration. The said application has been dismissed by the learned trial Court vide impugned order on the ground that the petitioner cannot file the application for amendment for the purpose of impleadment of Ishar Kaur in the presence of an order of dismissal of application filed under Order 1 Rule 10 CPC. Aggrieved against the said order, the present revision petition has been filed. It is worthwhile to mention that CR No. 6065 of 2007 was disposed of by this Court on 27.1.2010 with the following order: