RAM PARKASH Vs. KRESHAN CHAND AND ANOTHER

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India, the plaintiff-petitioner has prayed for setting aside order dated 14.6.2011 passed by the trial court whereby an application for amendment of the plaint had been declined.

(2.) Briefly, the facts may be noticed. The plaintiffs filed a suit for permanent injunction on 20.11.2007 restraining the defendant from interfering in the suit property. A prayer was also made for restraining the defendant from changing the nature of the property by raising any construction thereon. The defendant filed written statement alleging that the suit property was purchased by the father of the plaintiffs vide sale deed dated 24.12.1980. The sale deed was alleged to be an agreement executed by Smt.Jasbir Kaur, General Power of Attorney of Sant Parkash. The said document was alleged to be got executed fraudulently and in collusion with said Sita Ram (father of the plaintiffs) just to create a title in his favour. The Will of the plaintiffs was also disputed. Thereafter, the issues were framed. The case was fixed for evidence and no evidence was adduced. However, when the case was fixed for 24.4.2009 for evidence of the plaintiffs being last opportunity, on that date an application under Order 6 Rule 17 read with section 151 of the Code of Civil Procedure (in short, "the Code") was filed. The trial court vide order dated 14.6.2011 dismissed the said application. Hence the present revision petition.

(3.) I have heard learned counsel for the petitioner and gone through the record with his assistance.