JASWANT SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) IN this revision petition filed by defendant -Jaswant Singh under Article 227 of Constitution of India, challenge is to order dated 16.04.2011 passed by learned trial Court thereby allowing application Annexure P -3 filed by plaintiff -respondent -Ranjit Singh for amendment of plaint Annexure P -1. Plaintiff has filed suit inter alia seeking declaration that agreement to sell dated 19.12.2003 regarding sale of house (belonging to the plaintiff) to the defendant, has become inoperative, ineffective and in executable.

(2.) BY amendment of plaint, the plaintiff wants to plead that the alleged property, mentioned in the impugned agreement, is neither owned nor possessed by the plaintiff and therefore he had no legal right to execute the impugned agreement. It is sought to be pleaded that the land in question belongs to Gram Panchayat and it was in possession of father and uncle of the plaintiff in equal shares. The plaintiff is having five more brothers and two sisters whereas plaintiff's uncle has left behind a daughter.

(3.) LEARNED trial Court vide impugned order dated 16.04.2011 has allowed the plaintiff's application for amendment of plaint. Feeling aggrieved, defendant has filed this revision petition to assail the said order.