MOHINDER SINGH Vs. BIR SINGH

JUDGEMENT

(1.) Challenge in this revision is to the impugned order allowing amendment of the plaint under Order 6 Rule 17 CPC.

(2.) Bir Singh and others had filed a suit for declaration. The suit was contested and during the course of recording evidence in the cross-examination of Mohinder Singh, it revealed that Umrav Singh, father of the plaintiff had executed a sale deed in favour of defendant on February 26, 1992 and that there is also a valid Will executed on March 27,1993. These facts were not in the knowledge of the plaintiff when the suit was instituted. Thus, he intended to challenge the sale deed dated February 26,1992 and the Will dated 27.3.1993. The plaintiff, therefore, moved an application for amendment of the plaint, which has been allowed. Hence the revision preferred by the defendant-petitioner.

(3.) I have heard Sh. Hemant Kumar, learned counsel for the petitioner and Sh. J.S. Yadav, learned counsel for the respondents.