GURINDER SINGH Vs. GULZAR SINGH AND ANR.

JUDGEMENT

(1.) A suit filed by plaintiff Gurinder Singh seeking a decree of permanent injunction restraining the defendants from dispossessing the plaintiff and against interference in his possession by the defendants, is pending adjudication before the lower Court since 9.6.2009. By way of application under Order VI Rule 17 CPC the plaint was sought to be amended drastically. The suit had been filed by petitioner-plaintiff claiming that earlier his father Gurmail was owner in possession of the suit land but on 21.5.2002 he had transferred the same to the plaintiff. Claim of the respondent-defendant in the written statement was that he had purchased the suit land vide two sale deeds and was in possession thereof.

(2.) By way of amendment in the plaint, the plaintiff had sought to plead that the defendants had illegally, forcibly and unlawfully dispossessed the plaintiff from the suit land and thus the possession was to be restored to the plaintiff. It was also claimed that since the plaint was not happily worded it needed to be substituted.

(3.) In effect, if amendment sought by the plaintiff is allowed, it will change the entire contents and texture of the plaint as material paragraphs No.1 to 3 and 11 containing entire case of the plaintiff are sought to be changed and only paragraphs with formal averments are to remain unamended. Observations made by the learned Lower Court are to the following effect:-