BALWINDER SINGH Vs. SURINDER SINGH

JUDGEMENT

(1.) The petitioner is a plaintiff in a suit for grant of decree of declaration to the effect that he is exclusive owner of the land measuring 49 kanals and 17 marlas. He has also sought declaration that the partition order dtd. 22/4/2013, passed by the District Revenue Officer-cum-Assistant Collector Ist Grade, Jalandhar and the order dtd. 8/7/2015, passed by the Additional Deputy Commissioner-cum-Collector, Jalandhar, are wrong, illegal and void. In the alternative, the plaintiff prays for grant of decree of declaration that he is owner to the extent of half share of house located in village Chak Muglani, Tehsil Nakodar, District Jalandhar.

(2.) During the pendency of a suit, an application, filed by the petitioner for permission to amend the plaint in order to incorporate the plea of family settlement dtd. 11/4/2000 was allowed by the Court on 22/8/2019. Thereafter, neither the trial Court framed any additional issue nor granted an opportunity to the parties to lead further evidence. An application, filed by the petitioner on 27/9/2019 for permission to lead additional evidence, has been dismissed on the ground that after deletion of Order XVIII Rule 17A CPC, there is no provision for grant of opportunity to lead additional evidence.

(3.) Heard the learned counsel representing the parties and with their able assistance, perused the paper-book.