MUKHTIAR SINGH Vs. TEHAL SINGH

JUDGEMENT

(1.) The brief facts of the case are that Ragga Singh and his brother Phula Singh sold the land in dispute to defendants 3 to 8 for a consideration of Rs. 15,000/- by means of sale deed dated 9th June, 1958. Tehal Singh son of Ragga Singh brought the usual declaratory suit alleging that the land in suit was ancestral and sale being without any legal necessity, would not affect his reversionary rights. The suit was contested by the vendee-defendants of several pleas.

(2.) After the filing of the written statement, the plaintiff filed an application under Order 6, Rule 17 and Section 151 of the Civil Procedure Code, on 15th November, 1968, praying for the amendment of the plaint. The exact amendment that was sought to be made, is in the following terms :-

(3.) The application was opposed by the defendant-vendees and was ultimately dismissed by the trial Court on 22nd November, 1968. Consequently the suit was also dismissed on the ground that it was barred by limitation. Feeling aggrieved from the judgment and decree of the trial Court, an appeal was preferred by the plaintiff which was allowed by the Additional District Judge, Ferozepur, by his order dated 20th June, 1969. The plaintiff was allowed to amend the plaint and the case was remanded under Order 41 Rule 23 for fresh decision in accordance with law. This second appeal has been filed, against the remanded order, by the vendee-defendants.