RAJINDER SINGH Vs. GAMDOOR SINGH AND OTHERS

JUDGEMENT

(1.) AT the outset, learned counsel for the petitioner states that it is not necessary to implead LRs of respondent no. 5 and prays that moving of application for impleading LRs of respondent no. 5 may be dispensed with. Ordered accordingly. Instant revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 08.02.2011 (Annexure P -5) whereby application under Order 6 Rule 17 CPC moved by the petitioner for amendment of plaint has been dismissed.

(2.) BRIEF facts relevant for disposal of the present case are that the petitioner -plaintiff filed a suit for joint possession and permanent injunction against respondents. During the pendency of the suit, defendant no. 1 -Dial Singh passed away and the petitioner, who happens to be the son of said Dial Singh was impleaded as his legal representative. In addition to the petitioner, all other legal heirs of Dial Singh are already on record. It is further averred that the petitioner moved an application for amendment in plaint for the fair adjudication of the case which are as under:

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