GURMEET SINGH Vs. KUNDAN SINGH AND OTHERS

JUDGEMENT

(1.) This revision petition filed under Article 227 of the Constitution of India by plaintiff Gurmeet Singh is directed against order dated 21.08.2012 (Annexure P-4), passed by learned Additional District Judge, Amritsar, thereby dismissing application (Annexure P-2) moved by plaintiff-petitioner for amendment of plaint.

(2.) Suit filed by the plaintiff appears to have been dismissed by the trial court vide judgment and decree dated 19.01.2009, against which plaintiff has preferred first appeal on 20.03.2009. During pendency of the first appeal, plaintiff (appellant before the lower appellate court) moved application (Annexure P-2) for amendment of plaint.

(3.) In original plaint (Annexure P-1), the plaintiff has sought declaration that the suit land is coparcenary property of plaintiff and his father and brother (defendants no.1 and 2) and alienation thereof by the father defendant no.1 in favour of defendants no.2 to 4 (defendants no.3 and 4 being sons of defendant no.2) is without legal necessity and benefit of the estate, and therefore, not binding on the plaintiff. Consequential relief of permanent injunction has also been sought.