ANIL CHAUHAN Vs. MAHIPAL SINGH CHAUHAN

JUDGEMENT

(1.) The petitioner has impugned the order dated 28.05.2019 (Annexure P-l) whereby his application for amendment of the plaint has been dismissed.

(2.) Learned counsel for the respondents contends that when the notice was issued by the coordinate Bench of this Court on 26.08.2019, the undertaking of the learned counsel for the petitioner had been recorded that he will not lead any evidence in case the amendment is allowed.

(3.) Learned counsel for the petitioner contends that the petitioner had filed the suit for declaration that the sale deed which was executed by respondent No.l was null and void. Respondent No.l is the father of the petitioner. He also contends that the petitioner had pleaded that respondent No.I/defendant No.l had been entered in the revenue record as owner of the suit land being head/karta of the family though he was only owner to the extent of l/7th share of the suit land and the plaintiff and performa respondents are owner of the remaining 6/7th share of the suit property. The petitioner had sought amendment in para 1-A of the plaint only to the extent that the suit property detailed in para No.l is the joint hindu family ancestral coparcenary property of the plaintiff and vendee/defendant.