CHUNI LAL Vs. PURAN MAL

JUDGEMENT

(1.) The matter here concerns the amendment of the plaint in a suit for pre-emption founded upon the plea of the plaintiff being a co-sharer. The challenge being to the denial of permission to the plaintiff to amend the plaint to aver therein that the order of partition of land of June 2, 1990 was illegal and void. The amendment sought was refused on the ground that in view of the provisions of Section 158(2)(xvii) of the Punjab Revenue Act, 1887, the civil Court had no jurisdiction in the matter.

(2.) The circumstances of the case being what they are, there can be no escape from the conclusion that the trial Court clearly fell in error in disallowing the amendment prayed for. Whether or not the civil Court had the requisite jurisdiction with regard to the plea sought to be incorporated in the plaint, was a matter to be decided after it had been so averred in the plaint and then controverted in the written statement followed by an issue being framed to decide it, but not one to be disposed of in this manner.

(3.) The impugned order of the trial Court is consequently hereby set aside with the direction that the amendment sought be allowed, subject, however, to payment of Rs. 1,000/- as costs. It is clarified that it would be open to the defendant to controvert the new plea in the plaint, in his amendment written statement to be filed and if this is done, the matter shall then be decided by the Court afresh in accordance with law. This petition is disposed of accordingly. There will be no order as to costs.