GURNAM SINGH Vs. NARINDER SINGH SAINI AND OTHERS

JUDGEMENT

(1.) In this revision petition filed by defendant no. 4 Gurnam Singh under Article 227 of the Constitution of India, challenge has been laid to order dated 8.5.2013 Annexure P/6 passed by the trial court thereby allowing application Annexure P/4 filed by respondents no. 1 to 6/plaintiffs for amendment of plaint.

(2.) Plaintiffs have filed suit vide plaint Annexure P/1 seeking declaration that they are owners in possession of the suit land measuring 63 kanals 5 marlas described in the head note of the plaint and also seeking permanent injunction. In amendment application, the plaintiffs alleged that they want to add 10 kanals 6 marlas land more as described in the application by pleading that the said land was owned and possessed by Amar Singh exclusively. It was alleged that the aforesaid land was omitted in the original plaint due to non-issuance of jamabandi thereof by Patwari at the time of filing of the suit.

(3.) Defendants no. 2 to 4 by filing reply Annexure P/5 controverted the averments made by the plaintiffs in the amendment application and pleaded that the suit was pending for 15 years when the amendment application was filed. Adding of more land in the plaint would change the nature of the case. It was also pleaded that plaintiffs themselves tendered mutation no. 1207 Ex. P19 on 3.3.2008 and defendants had also tendered the same mutation no. 1207 Ex. D2 on 3.4.2002 wherein details of all the additional land are also there but the amendment application was filed on 8.4.2013.