BALDEV SINGH Vs. KANWAR PAL SINGH AND OTHERS

JUDGEMENT

(1.) The petitioner, herein, is defendant no.2 before the trial Court in civil suit No. 243 of 2007, that has been filed by respondents Nos. 1 to 5, herein, for partition of the suit property more fully described in the cause title of the plaint.

(2.) The written statement was filed by the petitioner, herein, but he could not take certain pleas and, therefore, he filed application under Order 6 Rule 17 Code of Civil Procedure for amendment of his plaint on the ground that he wants to take two additional preliminary objections no. 6 and 7 in the written statement, that he could not take at the time when he filed the written statement. He averred in the application that he wants to take the plea of res judicata, as the matter in controversy between the parties had been adjudicated by the then Sub Judge Ist Class, Chandigarh in judgment and decree dated 31.10.1984.

(3.) It was further averred that these pleas could not be taken in the written statement, as at that time, he was not having knowledge of this fact. Now, when he learnt that the matter in controversy has been decided between the parties and all necessary parties have not been impleaded, who were parties in the previous suit, he has filed the present application.