PAL SINGH Vs. SHIV SINGH

JUDGEMENT

(1.) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 18.09.2013 passed by learned Civil Judge (Junior Division), Batala, whereby the application of the respondents No. 1 and 2/plaintiffs for amendment of the plaint, has been allowed. Brief facts of the case are that plaintiffs filed a suit for declaration to the effect that respondents No. 1 and 2/plaintiffs are joint owners in exclusive possession of suit land measuring 24 kanals by virtue of sale deeds dated 12.08.2004 and 13.06.2005. Thereafter, respondents No. 1 and 2/plaintiffs moved an application that total land is 49 kanals and 4 marlas and following amendment was sought:-

(2.) Petitioners filed reply to the said application submitting that plaintiffs were not diligent in instituting the suit. Therefore, they cannot be allowed to amend the plaint and had made reference to the judgments of the Hon'ble Supreme Court in Ajendraprasadji N. Pande and another v. Swami Keshavprakeshdasji N. and others, 2006 13 Scale 525 and Mashyak Grihnirman Sahakari Sanstha Maryadit v. Usman Habib Dhuka and others, 2013 2 CivCC 811. Emphasis in the reply was that amendment cannot be allowed if it is belated one and is after thought or the obvious purpose to avert the inevitable consequence.

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