SADHU SINGH Vs. BALVIR KAUR AND OTHERS

JUDGEMENT

(1.) Instant petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 11.05.2009 (Annexure P-4) passed by Addl. Civil Judge (Sr. Divn.), Moga whereby the application under Order 6 Rule 17 of the Civil Procedure Code (in short 'the CPC') vide which the application for amendment of plaint moved by the petitioner-plaintiff has been dismissed.

(2.) Brief facts for disposal of the present petition are that the plaintiff filed a suit for declaration claiming that he is owner in possession of land measuring 8 kanas 5 marlas i.e. 1/8 share of total land measuring 66 kanals 4 marlas along with consequential relief of permanent injunction restraining respondents no.1 to 4 from alienating, transferring, encumbering by way of sale, mortgage, exchange or in any manner or way to any person without due course of law. Apart from this suit, another civil suit no.171/8.6.1998 titled as Gulzar Singh etc. vs. Sadhu Singh etc.' relating to the estate of Nanak Singh between the parties was pending in the Court of Civil Judge (Jr. Divn.), Moga and was decided on 9.8.2001 and an appeal filed by the petitioner was pending. During the pendency of appeal, the matter was taken up in the Lok Adalat and on 23.8.2003, the statements of Gulzar Singh and Boota Singh and Sh.J.S.Chahal, Advocate on behalf of the remaining defendants/respondents were recorded. The case was compromised. The said compromise is reproduced as under:

(3.) The respondents had undertaken to effect compromise likewise in this civil suit pending at the time when the appeal was taken up in the Lok Adalat. The respondents are bound by their admission made before Lok Adalat regarding the subject matter of this civil suit but out of greed and under legal advice they are not agreeing to suffer the statement of compromise in terms of compromise already effected. This illegal act of the respondents has, therefore, necessitated the petitioner to amend the plaint. The petitioner sought permission of trial Court to amend the plaint by adding para no.4(a) as under: