MAMTA RANI AND ANOTHER Vs. DAYA WANTI

JUDGEMENT

(1.) The challenge in the present revision petition filed by the plaintiffs/petitioners is to the order dated 17.3.2011 (Annexure P/5) whereby the trial Court has declined the application for amendment wherein the relief of possession had been claimed.

(2.) The reasoning given was that the plaintiffs were in knowledge of the facts from the date of filing of the suit and there was no due diligence in prosecuting the claim since the case was fixed for rebuttal and arguments.

(3.) Counsel for the plaintiffs/petitioners has vehemently contended that the suit was for declaration and the plaintiffs are owners and therefore, vide the said amendment the complete controversy would be decided interse the parties and placed reliance upon the judgment of the Apex Court in Rajesh Kumar Aggarwal and others Vs. K.K.Modi and others, 2006 4 SCC 385 and judgment of this court in Taranjit Kaur and others Vs. Navneet Kaur and others, 2006 143 PunLR 364 that merely on the ground of delay the application for amendment cannot be disallowed.