HARBANS LAL Vs. DEV RAJ

JUDGEMENT

(1.) THIS revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity, "the Code") is directed against order dated 8.11.1993 passed by the Sub Judge, IInd Class, Mansa allowing the application of the defendant-respondents filed under Order VI Rule 17 of the Code seeking amendment of the written statement. Feeling aggrieved against that order, the plaintiff-petitioner has filed the present revision petition.

(2.) BRIEF facts of the case are that plaintiff-petitioner has filed a Civil Suit No. 301 of 17.5.1990 for declaration to the effect that he is owner in possession of the suit land to the extent of 1/4th share, share of defendant- respondent No. 3 and one shop as specified in the heading of the plaint. A further declaration was sought that defendant-respondents have no concern with the said property. The basis of the claim made by the plaintiff-petitioner was a family settlement/agreement dated 30.1.1990. Defendant-respondents in their written statement filed on 13.6.1990 did not controvert the averments made by the plaintiff-petitioner and admitted the claim made in the plaint by the plaintiff-petitioner praying that the suit be decreed.

(3.) THE Civil Judge after issuing notice of the application, framed an issue and returned the findings that the parties never acted upon the family partition and also concluded that it was not possible to conclude that whole of the payment had been made by the plaintiff-petitioner to the defendant- respondents and allowed the amendment. Order dated 8.11.1993 passed by the Civil Judge reads as under :