ARJAN SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) This revision is against an order, dated 29.6.1970 of the Subordinate Judge First Class, Taran, by which he allowed the plaintiff to amend his plaint on payment of Rs. 60/- as costs to the defendants.

(2.) The material facts are, that Amar Singh instituted the suit for possession by pre-emption or the agricultural land in suit, measuring 38 Kanals and 8 Marlas, alleging that he was the first cousin of Smt. Chando, the original owner, and further that was also a co-sharer with Smt. Chando in the joint Khata, out of which the land had been sold. The sale in question had been made on March 20, 1968. On May 26, 1970, when the case was at the advanced stage, i.e. fixed for final arguments, the plaintiff made an application seeking to amend the plaint, so as to replace the original ground of relationship with the following : "The plaintiff is the son of the real brother of Smt. Chando, original owner (vendor)". By the order, dated 29.6.1970, under revision, the Subordinate Judge allowed the amendment.

(3.) The main contention of the learned counsel for the petitioner is, that the plaintiff had sued for pre-emption on the basis of one specific ground and he could not, after the expiry of limitation prescribed for instituting the suit, be allowed to abandon that ground and, in its place, take up another ground for his claim. The Subordinate Judge has, therefore, proceeds the argument, by allowing the amendment, deprived the defendants of a valuable right which had accrued to them by lapse of time, and thus acted with material irregularity and illegality in the exercise of his jurisdiction which, according to the learned counsel, would warrant an interference in revision by this Court. In support of his contention, he has cited Shankar Singh v. Chanan Singh, 1968 70 PunLR 455, and Banta Singh v. Mehar Singh, 1970 72 PunLR 37.