GUJJAR SINGH Vs. GULZAR SINGH

JUDGEMENT

(1.) Gujjar Singh plaintiff has filed this revision against the order of the learned Additional District Judge, Sangrur dated 22nd September, 1990 whereby the application filed by Gulzar Singh one of the defendants for amendment of the written statement was granted subject to payment of Rs. 1000/- as costs.

(2.) The plaintiff filed a suit for declaration to the effect that he was owner of 1/4th share of the property in suit being son of Attam Singh. In that suit the plaintiff impleaded Gulzar Singh his brother as defendant No. 1, Baldev Singh, Gurmail Singh and Mohinder Singh as heirs of his two other brothers namely, Amar Singh and Bhajan Singh. All the defendants filed their written statements admitting the plaintiff's claim. All the defendants except Gulzar Singh ultimately appeared in Court and made their statements admitting the claim. Gulzar Singh ultimately appeared in Court through his counsel on 27th July, 1987. His counsel made a statement on 12th October, 1987 that he did not want to lead any evidence. The suit was, however, dismissed being barred by time by judgment and decree dated 16th October, 1987 by recording an elaborate finding. The plaintiff filed an appeal against the said Judgment and decree. During the pendency of said appeal, Gulzar Singh defendant No. 1 filed an application under Order 6 Rule 17 of the Code of Civil Procedure on 27th August, 1990 for amendment of the written statement as also another application under Order 41 Rule 27 of the Code for permission to lead additional evidence.

(3.) The amendment of the written statement was sought on the sole ground that the land in dispute was never owned by Attara Singh the predecessor of the parties and in fact the defendants got this land by means of a pre-emption decree and that the property owned by Attara Singh which also measured about 280 bighas, as in this case, has already been inherited by all the four sons of Attam Singh in equal shares. This application of Gulzar Singh was contested by the plaintiff on the ground that Gulzar Singh having already filed a written statement admitting the plaintiff's claim in suit, could not be allowed to amend the written statement, in particular, at the appellate stage and also that Gulzar Singh having not led any evidence, the allowing of the application will prolong the litigation and afford him an opportunity to lead evidence.