PARAMJIT SINGH Vs. AJWINDER KAUR

JUDGEMENT

(1.) The present revision petition has been filed by the petitioners/plaintiffs for setting aside the impugned order dtd. 9/9/2025 (Annexure P-6) passed by the learned Civil Judge (Junior Division), Fatehgarh Sahib, whereby the application filed by the petitioner under Order VI Rule 17 read with Sec. 151 CPC, for amendment of the suit only qua cause of action has been dismissed.

(2.) It is, inter alia, submitted by learned counsel that the petitioner/plaintiffs have instituted a suit for declaration and permanent injunction against the defendants/respondents No. 1 to 3 herein, on dtd. 30/11/2023 (Annexure P-1). Defendant/respondents No. 1 and 2 have appeared in the suit and filed their written statement on 2/3/2024 (Annexure P-2). Defendant No. 3 was proceeded against ex parte vide order dtd. 3/12/2025 (Annexure P-3). Learned counsel submits that issues are yet to be framed by the learned trial Court. The petitioner/ plaintiffs have moved the present application dtd. 5/7/2025 (Annexure P-4) seeking formal amendment in the suit in respect of cause of action. It is submitted that the suit has been filed by the petitioner/plaintiffs claiming natural succession whereas the defendants were claiming title over the suit property on the basis of alleged Will dtd. 31/7/2020 executed by Nasib Kaur mother of the petitioner/plaintiffs, who had expired on 16/10/2023. It is submitted that petitioners are only seeking a formal amendment in respect of the cause of action by stating that the cause of action will start from the date of death of Nasib Kaur i.e. 16/10/2023 and not from the date of execution of the alleged Will i.e. 31/7/2020 which has yet to be proved in accordance with law. Learned counsel submits that the next date before the learned trial Court is 19/12/2025.

(3.) In support, learned counsel for the petitioner relies upon a judgment of the Allahabad High Court in Shanti Swaroop Deceased and others vs. Onkar Prasad Deceased and others, 2023(4) Civil Court Cases, 262: wherein in para 12 of the judgment following substantial question of law was framed:-