JAGDISH SINGH Vs. KULWARAN SINGH

JUDGEMENT

(1.) PRESENT revision is directed against the order passed by Civil Judge (Jr. Div.), Jalandhar whereby he has turned down application moved by plaintiff for amendment of plaint under Order 6, Rule 17 CPC. Learned counsel for the petitioner has assailed the order. He submits that approach of the trial court is wholly erroneous. In the facts and circumstances of the case, plaintiff was entitled to amendment as prayed for. Thus, impugned order deserves to be set -aside.

(2.) LEARNED counsel for the respondent has, however, vehemently opposed the plea. He submits that plaintiff did not file replication despite several opportunities. He thereafter availed seven opportunities to lead evidence but failed to do so. After a lapse of 11/2 years, he filed application for amendment of plaint to challenge the sale deed dated 8.9.2009. He further contends that plaintiff has preferred a separate suit to challenge the sale deeds in question.