SMT. AMRO Vs. SMT. SUKHDARSHAN KAUR

JUDGEMENT

(1.) This civil revision is directed against the order dated 5.11.1992 passed by Additional District Judge, Amritsar, whereby application of the defendants for amendment of the written statement was allowed.

(2.) According to the plaintiffs, (Petitioners herein), land was owned by one Gurdit Singh. The said Gurdit Singh died on 31.3.1969 and left behind his widow Balwant Kaur, son Amarjit Singh and two daughters, namely, Amro and Dhiro. On 29.9.1969. Amarjit Singh got mutation relating to the inheritance of deceased Gurdit Singh sanctioned exclusively in his own name. Amarjit Singh also died and on his death, his widow Parkash Kaur and two daughters namely, Sukhdarshan Kaur and Bhagwant Kaur, got their name incorporated in the revenue record in place of Amarjit Singh, who in turn alienated some portion of the suit land in favour of defendants No. 4 to 11. Plaintiffs filed suit for joint possession claiming property of Gurdit Singh on the basis of inheritance. In the suit, they also challenged mutation in favour of Amarjit Singh and on his death, in favour of his widow and two daughters as well as defendants No. 4 to 11. The suit was contested by some of the defendants whereas some of them were proceeded against ex parte.

(3.) After the parties were given opportunity to lead evidence, trial Court decreed the suit in favour of the plaintiffs. The defendants who had contested the suit, filed appeal. During the pendency of the appeal, the defendants who had been proceeded against ex parte, made an application to trial Court for setting aside the decree against them. That application was allowed and ex parte order qua them was set aside. Because of the subsequent development, the defendants who had filed appeal, made a statement before the Appellate Court that since the decree had been set aside and trial Court is going to determine all the issues afresh, appeal be dismissed as withdrawn. Accordingly, appeal was dismissed as withdrawn. Trial Court, on merits, again decreed the suit. Defendants filed appeal which is stated to be pending before the first Appellate Court.