DILBAGH SINGH Vs. AVTAR SINGH AND OTHERS

JUDGEMENT

(1.) Challenged in the present revision petition is the order dated 20.04.2015 passed by learned Civil Judge (Jr. Divn.), Sahibzada Ajit Singh Nagar (Mohali), vide which his application for amendment of the written statement filed by petitioner-defendant No.1 was dismissed.

(2.) I have heard learned counsel for the parties and have also carefully gone through the case file.

(3.) It comes out that the plaintiff had filed suit for separate possession of 1/4th share each in the two properties mentioned in the head note of the plaint. The defendant had taken the objection that the suit is barred under Order 2 Rule 2 CPC because in the whole of the claim the plaintiff is not included. When the case was at the fag end and fixed for rebuttal and arguments and was going to be concluded, the defence has come with the present application seeking amendment, which are reproduced as under: