PARAMJIT SINGH Vs. KARTAR KAUR

JUDGEMENT

(1.) THIS is plaintiffs revision directed against the order of the Trial Court whereby his application for amendment of the plaint, on contest, was dismissed.

(2.) IN brief, the facts are that one Mohinder Singh son of Rokaria was owner-in-possession of 43 Kanal 19 Marlas of land. He died issueless on 20. 2. 1986 leaving behind his widow, Kartar Kaur in whose favour a mutation was sanctioned some time in March, 1986. Paramjit Singh petitioner herein, filed suit for declaration against Kartar Kaur and other defendants alleging himself to be owner in possession of the property belonging to Mohinder Singh on the basis of Will dated 12. 2. 1986 alleged to have been executed in his favour by Mohinder Singh. This Will be being contested being forged and fictitious document.

(3.) ON the pleadings of the parties, necessary issues were framed by the trial Court and the parties to the suit have already concluded their evidence. It was only at the stage of rebuttal and arguments that an application was filed by the plaintiff for the amendment of the plaint so as to include the alternative plea to the effect "that if it is proved that any of the defendants is in possession of the suit land, in that event, the plaintiff is entitled to the suit land on the basis of ownership. "this amendment on contest, was not allowed on the ground that it would entirely change the nature of the suit and that the suit relates to the year 1986. Against this order, the plaintiff has preferred the present revision petition.