NARINDER SINGH Vs. SWARAM SINGH

JUDGEMENT

(1.) This petition arises out of partition proceedings in a suit for separate possession of the property described in the head note to the plaint in Civil Suit No.100 of 2015 in cause title identical to the memorandum of parties in the present petition instituted under Article 227 of the Constitution challenging the order dated 28.1.2020, whereby the application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short "the CPC") for amendments in the plaint has been dismissed by the Civil Judge (Jr.Division), Phagwara. The plaintiffs have also claimed in the suit permanent prohibitory injunction restraining the defendants from alienating, transferring, exchanging, mortgaging and disposing off any specific portion of the suit house/plot/building over land larger than their respective shares in the property and from changing the nature of the corpus and to further restrain them from raising any sort of construction upon the land without getting the same partitioned.

(2.) The amendment was sought in the plaint at the stage of rebuttal and final hearing when it is alleged that the counsel while preparing the case for arguments fell upon the mistake attributed to computer printing leaving out material facts which led the plaintiffs to file the application for amendment of the plaint. The plaintiffs have been in litigation since 1991.

(3.) They submit that by amendment they want to tender documents relating to previous litigation including judgments and orders etc. That litigation pertains to the same land for which possession has been sought by way of division through legal partition.