NAND SINGH Vs. CHAND SINGH

JUDGEMENT

(1.) IN this revision petition, the defendants -petitioners have challenged the order dated 18.10.2011, allowing the application of the plaintiff for amendment of the plaint. In brief, the plaintiff -respondent no.1 filed the suit for declaration that he is joint owner in possession to the extent of 1/4 th share in the land in dispute. When the case was fixed for plaintiff's evidence, he filed an application for amendment of the plaint to make the following averments: -

(2.) THE trial Court allowed the application on the ground that even if the amendment sought is belated but if it is necessary for resolving the real controversy between the parties, it can be allowed and the opposite party can be compensated with costs.

(3.) IN the original plaint, it was averred that the entries showing the partition of the joint land are wrong and with the amendment, challenge has also been laid that the judgment and decree dated 03.02.1983 passed in Civil Suit No.1437 is also illegal.