MEHAR CHAND Vs. RAM LAL

JUDGEMENT

(1.) Ram Lal and Deep Chand sons of Sukhdev filed a suit for declaration and injunction against their brothers Mehar Chand and Phool Chand in respect of land measuring 15 Biswas comprised in Khasra No. 1152/1 and 114/1/2 situated in the revenue estate of Narnaul. The suit was contested only by defendant No. 1

(2.) The plaintiff as well as defendant No. 1 have already closed their evidence. When the case was ripe for arguments, an application under Order 6 Rule 17 of Civil Procedure Code was filed by defendant No. 1 for amendment of the written statement so as to take up a plea that the land measuring 2 Bighas 10 Biswas comprised in Khasra No. 7112/606/2 was sold by defendant No. 2 and should be included in the suit property for the purpose of determining the share of the plaintiff. The application was contested by the plaintiff. Learned trial Court vide impugned order dismissed the application holding that Khasra No. 7112/606/2 is agricultural and it cannot be included in partition proceedings because Civil Court has no jurisdiction for making partition of agricultural land. If defendant No 1 is aggrieved then he can move the revenue authorities for partition of the said land in accordance with the land Revenue Act. Defendant No. 1 has impugned the said order by way of present revision.

(3.) Learned counsel for the petitioner has submitted that the learned trial Court acted illegally in exercise of its jurisdiction in dismissing the application for amendment of the written statement. He further submitted that the question of title is involved and in order to determine the state of the plaintiff, the learned trial Court ought to have allowed amendment of the written statement.