SEWA SINGH Vs. BABU SINGH

JUDGEMENT

(1.) THIS petition filed under Section 115 of the Code of Civil Procedure, 1908 challenges order dated 7.1.2003 passed by learned Additional District Judge, Fatehgarh Sahib dismissing the application of the plaintiff- petitioner in which prayer for amendment of the plaint has been made. In the suit filed by the plaintiff-petitioner it was asserted that the suit property bears no khasra numbers. However, in the written statement filed by the defendant-respondents on 15.3.1997, khasra numbers were clearly mentioned. Order dated 7.1.2003 passed by the learned Additional District Judge at the stage of first appeal reads as under :-

(2.) MR . R.K. Gupta, learned counsel for the plaintiff-petitioner has urged that the plaintiff-petitioner wishes only to change the heading of the plaint by incorporating khasra numbers as the demarcation report by the Halqa Kanungo has been submitted later on and demarcation was undertaken on the application filed by one Harchand Singh. Learned counsel has also submitted that by change of Khasra numbers, the stand taken by the defendant-respondents is sought to be accepted.