DALIP KAUR Vs. GURTEJ SINGH

JUDGEMENT

(1.) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 30.07.2012 (Annexure P-3) passed by learned Additional Civil Judge (Sr. Divn.), Moga whereby application of the petitioner-plaintiff moved for amendment of plaint, has been dismissed.

(2.) Briefly stated, the facts of the present case are that the petitioner-plaintiff filed suit for declaration with consequential relief restraining the respondent from alienating the suit land in any way. In response to the notice, the respondent-defendant put in appearance through his counsel and filed written statement alleging that he had purchased the suit land for a valuable consideration of Rs.2 lacs vide registered sale deed dated 20.04.1998 from the petitioner. Thereafter, the petitioner moved an application for amendment of plaint in which it was stated that the alleged sale deed dated 20.04.1998 is result of fraud and fabrication and the petitioner had been impersonated. On that account, the petitioner wanted to challenge the alleged sale deed by way of amendment in plaint as follows:

(3.) In the headnote of plaint, after words "Tehsil Bagha Purana", the following words may be added: "and the alleged sale deed dated 20.04.1998 is result of fraud and impersonation and the same is forged and fabricated document and is liable to be set aside." Para no.4 (a) be also added: