HARJINDER SINGH Vs. JASBIR KAUR AND OTHERS

JUDGEMENT

(1.) Instant petition has been filed under Article 227 of the Constitution of India challenging the order dated 9.8.2012 (Annexure P- 6) passed by Civil Judge (Jr. Divn.), Zira vide which application under Order 6 Rule 17 CPC moved by the petitioner-plaintiff for amendment of the plaint has been dismissed.

(2.) Brief facts for disposal of the instant petition are that the petitioner-plaintiff filed a suit for specific performance of the agreement to sell dated 2.6.2003 in respect of land measuring 23 kanals 19 marlas comprised in khewat no.18 khatoni no.39 and khasra nos.16M1(8-0), 2/1(1-16), 9(6-17), 10(7-7) situated in the revenue estate of village Varpal, Tehsil Zira. In response to the notice, respondent no.1 filed written statement claiming that she is owner of 1/4th share of suit land measuring 23 kanals 19 marlas and the remaining suit land is owned by other co-sharers, therefore, she is not competent to enter into any agreement to sell the whole suit land and further that land is under mortgage and she has illegally transferred it. Respondents no.2 and 3 alleged that they purchased some part of the suit land vide registered sale deed dated 12.11.2007 from Bikkar Singh and Major Singh, therefore, they are owners of the suit land. When respondent no.1 denied her ownership over 23 kanals 19 marlas, then the petitioner moved an application for amendment of the plaint on 29.05.2009 and sought the relief with regard to the share of defendant no.1 in the joint land and claimed that the following amendment may be allowed in the plaint:

(3.) The said application of the petitioner has been dismissed vide impugned order dated 9.8.2012. Hence, this petition.