YAKUB ALI Vs. RUBI

JUDGEMENT

(1.) Defendant/Petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India assailing order dated 21.10.2009 passed by Civil Judge (Junior Division), Jagadhri, thereby allowing amendment application moved by the Plaintiffs, Respondents herein.

(2.) Brief facts of the present case are that Plaintiffs had filed suit challenging the judgment and decree dated 11.1.1990 on the ground that it has been obtained by playing fraud and misrepresentation on the Court as well as on the Plaintiffs. Plaintiffs in the suit, from the very initial stage had claimed themselves a joint owner of the property.

(3.) By way of the amendment, Plaintiffs want to introduce certain grounds in the plaint to justify the plea of fraud and misrepresentation. Plaintiffs further want to add one of the relief claiming joint possession over the property in dispute. Learned trial Court has observed that by allowing amendments sought neither cause of action would change nor nature of suit would change. Learned trial Court further observed that amendments sought is in clarification in nature.