SARABJIT SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) Present Civil revision petition has been filed by the Decree holder-plaintiff, challenging the order dtd. 20/5/2023 (Annexure P-10), passed by the Court of learned Civil Judge (Junior Division), Samrala, whereby prayer made by the decree holder-plaintiff for seeking amendment in the heading, para No.1 and in the prayer clause of the plaint, has been dismissed.

(2.) Civil Suit No.CS/110/2014 filed by the plaintiff in regard to Rectangle No.52//22/5 was decreed by learned trial Court, whereas infact, the correct details of the land was required to be mentioned as Rectangle No.37//22/5. Civil suit filed by the petitioner for seeking partition by metes and bounds and permanent injunction in regard to the land measuring 10 Kanals, 15 Marlas comprised in Khewat No.482, 483, 581, 595, Khatauni No.589, 590, 698, 712, Rect No.37, Killa No.22/1/4/2, 23/1, 22/1/4/1, Rect. No.52, Killa No.22/5, 3/1/1, situated at Village Bondli, H.B. No.107, Tehsil Samrala, District Ludhiana, was partly decreed by holding that the plaintiffs and defendants are entitled to separate possession by way of partition to the extent of their shares as reflected in Jamabandi for the year, 20102011 in the suit property comprised in Khewat No.482, 483, 581, 595, Khatauni No.589, 590, 698, 712, Rect No.37, Killa No.22/1/4/2, 23/1, 22/1/4/1, Rect. No.52, Killa No.22/5, 3/1/1, situated at Village Bondli, H.B. No.107, Tehsil Samrala, District Ludhiana. Accordingly, upon same number of land, learned trial Court prepared a decree dtd. 20/9/2019.

(3.) After passing of the preliminary decree of partition, petitioner-plaintiff filed a suit for final partition by metes and bounds of the suit property on the basis of preliminary judgment and decree dtd. 20/9/2019 (Annexure P-5). At this stage, it was realized that in the Jamabandi for the year 2010-2011, based upon which the plaint and the prayer therein was made, is reflecting a wrong number of the land i.e. Killa No.22/5 of Rectangle No.52 (52//22/5), whereas, actually, it was required to be mentioned in the Jamabandi as Killa No.22/5 of Rectangle No.37 (37//22/5). Immediately, thereafter, petitioner moved an application for correction of Rectangle number before the Revenue Department and after conducting of inquiry, it was found that there is a mistake and accordingly, required correction was made in the Revenue entries and Jamabandi. In the year 2015-16, petitioner again applied for a copy of Jamabandi, wherein, correct Killa number i.e. 37//22//5 was mentioned. After receiving the copy of the correct Jamabandi, petitioner moved an application under Sec. 152 read with Sec. 151 CPC for amendment of the plaint of Civil Suit No. 110 of 2014 decided on 20/9/2019, titled as 'Sarabjit Singh Vs. Joginder Singh and others'. The prayer made in the said application is reproduced herebelow: