SARABJIT SINGH Vs. PARAMJIT SINGH AND ORS.

JUDGEMENT

(1.) THIS is revision against the order dated 26.5.2010 passed by the Civil Judge, (Sr. Divn.) S.A.S. Nagar Mohali, whereby the application filed by the Petitioner under Order 6 Rule 17 Code of Civil Procedure for amendment of the written statement was dismissed.

(2.) THE facts in short are that Respondents No. 1 to 4 filed a civil suit against the Petitioner praying for declaration to the effect that after death of their father, they and the Petitioner became owners in possession of the house in dispute. The Petitioner filed his written statement but subsequently moved an application under Order 6 Rule 17 Code of Civil Procedure praying for amendment of the written statement and to add his counter claim as per share given to him in the Will.

(3.) HON 'ble the Supreme Court in the case of Bollepanda P. Poonacha and Anr. v. K.M. Madapa : (2008) 13 SCC 179 held in paras 18 and 19 as under: