GURDEV SINGH Vs. PREM SINGH

JUDGEMENT

(1.) Plaintiff Gurdev Singh, by filing this revision petition under Article 227 of the Constitution of India, has impugned order dated 19.08.2013 (Annexure P-1) passed by the trial court, thereby dismissing application (Annexure P-5) filed by the plaintiff for amendment of plaint. The plaintiff, in the suit, has inter alia alleged that he is coparcener with his father and brother (defendants no.1 and 2) and is owner in joint possession as coparcener with all the defendants in the suit land, in addition to his share recorded in the revenue record. Sale deed of part of the suit land by defendant no. 1 in favour of defendants no.3 to 7 has also been challenged, besides claiming other reliefs. The plaintiff has alleged that the suit land is ancestral coparcenary property.

(2.) In amendment application (Annexure P-5), the plaintiff alleged that he was earlier not aware of the pedigree table and the manner of devolution of the suit land from common ancestor Nagina to plaintiff's father - defendant no. 1, and therefore, the said details are sought to be incorporated by amendment of plaint. Besides it, the plaintiff also wants to plead that during pendency of the suit, defendant no. 1 has further sold part of the suit land to Manjit Kaur and Satinder Kaur.

(3.) Defendants, by filing replies (Annexures P-6 and P-7), opposed the amendment application and pleaded that amendment of plaint cannot be allowed after commencement of trial. Various other pleas were also raised.