GURMAIL SINGH KAKA SINGH Vs. RAN SINGH

JUDGEMENT

(1.) Plaintiff Gurmail Singh (a) Kaka Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 28.04.2010 (Annexure P-4), passed by learned Civil Judge (Junior Division), Ambala Cantt., thereby dismissing application Annexure P-2 moved by the plaintiff-petitioner for amendment of plaint Annexure P-1. Plaintiff-petitioner and defendant-respondent no. 1 Ran Singh are real brothers being sons of Norang Singh-defendant No.2 (since deceased and represented by his legal representatives). Norang Singh suffered decree dated 18.07.1995 regarding suit land in favour of Ran Singh-defendant No. 1. The plaintiff in the suit challenged the said judgment and decree dated 18.07.1995 and the consequent mutation. During pendency of the suit, defendant No. 1 sold the suit land to defendants No.1(a), 1(b), 1(c) and !(d) (respondents No.2 to 5 herein). By amendment of plaint, the said sale deeds were also challenged in the suit.

(2.) The plaintiff now moved application Annexure P-2 alleging that Norang Singh-defendant No.2 has since died on 09.01.2010, and therefore, now the plaintiff is also entitled to possession of his one-third share in the suit land. Consequently, the plaintiff, by amendment of plaint, wanted to plead the factum of death of Norang Singh along with necessary amendments and also wanted to seek relief of possession of one-third share of the suit land. Respondents No.2 to 5 herein, by filing reply Annexure P-3, opposed the amendment application on various grounds. It was pleaded that plaintiff has no right to seek relief of possession. Learned trial court, vide impugned order Annexure P-4, dismissed the plaintiffs application for amendment of plaint, necessitating the filing of this revision petition by the plaintiff.

(3.) I have heard learned counsel for the parties and perused the case file.