RAGHBIR SINGH Vs. GURNAM KAUR

JUDGEMENT

(1.) It is well settled that amendment of the pleadings can be allowed at any stage. The only thing for consideration is that there should be substantial justice between the parties and nobody should be taken by surprise.

(2.) Misra Singh and Charan Singh sold some land in favour of Lakha Singh and Raghbir Singh. Wazir Singh and Hazura Singh, Gurnam Kaur sister of Misra Singh and Charan Singh filed a suit challenging the said sale claiming 1/3rd share of the entire land which she inherited from her father Jaimal Singh. The trial Court decreed the suit. When the appeal was pending, an application under Order 6 Rule 17 of the Code of Civil Procedure was filed on behalf of the defendant-vendees stating therein that Jaimal Singh and his sons were governed by Hindu law and the land was ancestral. On the death of Jaimal Singh his 1/3rd share was to devolve upon Misra Singh, Charan Singh, and Gurnam Kaur and in this manner Gurnam Kaur would be entitled to 1/9th share and not 1/3rd share as was pleaded by her in the suit.

(3.) It is purely a question of law, as to the respective shares of the parties which they would inherit on the death of Jaimal Singh. The only point on which evidence is required is as to whether the land was ancestral or not. Obviously for want of pleading the defendants could not lead evidence regarding the nature of the land and this necessitated amendment of the written statement for which application was filed in the lower appellate Court. For doing substantial justice between the parties, it is considered appropriate that the defendant should be allowed to amend the written statement. Since the application was filed at the appellate stage, the said application is allowed subject to payment of Rs. 1000/- as costs. Costs would be paid on the date to be fixed by the trial Court. The impugned order is set aside. The parties are directed to appear in the trial Court where amended written statement would be filed and necessary additional issues would be framed regarding nature of the property. The trial Court will submit the report on the additional issues so framed, to the lower appellate Court who will decide the appeal according to law. The parties are directed to appear in the trial Court on August 6, 1990. Revision petition is allowed as above.