KULWINDER KAUR Vs. NAVJOT KAUR

JUDGEMENT

(1.) THE crux of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that initially, petitioners -plaintiffs Kulwinder Kaur and Daljit Kaur (for brevity "the plaintiffs") have instituted the civil suit, for a decree of declaration to the effect that they have succeeded & inherited the property of their father Mohinder Singh (deceased) and are thus, they are co -owners and in possession to the extent of 1/4th share each out of the joint land in dispute, with a consequential relief of permanent injunction, restraining respondents -defendants Navjot Kaur widow of Jasbir Singh and others (for short "the defendants") from alienating the disputed land in any manner. The defendants contested the claim of plaintiffs, 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 plaintiffs moved an application (Annexure P1) for amendment of plaint under Order 6 Rule 17 read with section 151 CPC. The defendants refuted their prayer, filed the reply (Annexure P2), 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 dismissed the application (Annexure P1) for amendment of plaint filed by the plaintiffs, by way of impugned order dated 7.5.2012 (Annexure P3).