DHARAMBIR Vs. HEERA & OTHERS

JUDGEMENT

(1.) Defendant-Dharambir by filing this revision petition under Article 227 of the Constitution of India has assailed order dated 10.02.2012 Annexure P-5 passed by the trial court thereby allowing application Annexure P-3 moved by respondents/plaintiffs for amendment of plaint Annexure p-1.

(2.) In the original plaint Annexure P-1, plaintiffs have sought relief regarding 73 kanals 19 marlas land by challenging judgment dated 21.11.2001 pertaining to 94 kanals 9 marlas land. The defendant in his written statement dated 26.02.2009 Annexure P-2 specifically raised objection regarding partial claim made in the plaint and specifically pointed out that the total land was 94 kanals 9 marlas. In spite thereof, the plaintiffs, without amending the plaint at that stage to include the remaining land measuring 20 kanals 10 marlas, proceeded with the suit and led their evidence and the defendant has also almost led his entire evidence and at that stage, amendment application dated 11.12.2011 Annexure P-3 has been moved for including the remaining 20 kanals 10 marlas land in the plaint. Defendant by filing reply Annexure P-4 resisted the amendment application.

(3.) Trial Court vide impugned order Annexure P-5 allowed the amendment application, subject to payment of Rs.3,000/- as costs. Feeling aggrieved, defendant has filed this revision petition.