SHAMSHER SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) THE compendium of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, petitioner -plaintiff Shamsher Singh son of Mohinder Singh son of Subha Singh (for brevity "the plaintiff") has instituted the civil suit against respondents -defendants Mohinder Singh son of Suba Singh and others (for short "the defendants") for a decree of declaration to the effect that he is co -owner to the extent of 1/4th share out of the joint, coparcenary and ancestral property in dispute, being a member of joint Hindu family, with a consequential relief of permanent injunction, restraining respondent -defendant No.1 from alienating it in favour of defendant Nos.2 to 8 or to any other person in any manner. The defendants contested the claim of plaintiff, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) DURING the pendency of the suit, the contesting defendants moved an application for amendment of the written statement under Order 6 Rule 17 read with Section 151 CPC. The plaintiff refuted their prayer, filed the reply, strongly denied all the allegations contained in the application and prayed for its dismissal.

(3.) TAKING into consideration the facts and entire material on record, the trial Court accepted the pointed application of contesting defendants for amendment of their written statement, by virtue of impugned order dated 1.5.2012 (Annexure P6).