HARDEV SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) Petitioners filed suit for the grant of injunction restraining the defendant from making any sort of interference in the peaceful possession of the plaintiffs-petitioners and from dispossessing them from the land measuring 164 kanals, 4 marlas, the details of which have been given in the body of the plaint.

(2.) Mal Singh was the original owner of the suit property. During his life time, he suffered a decree in favour of his wife. Har Kaur died on 2.10.1979. After the death of Har Kaur, mutation was sanctioned only in favour of Surjit Kaur, her daughter. Mal Singh was present when mutation was sanctioned in her favour. After the death of Mal Singh, the petitioners have alleged that they have succeeded to his estate on the basis of Will dated 8.7.1992. The suit is being contested by Surjit Kaur, respondent.

(3.) During the pendency of the suit, an application was filed for withdrawing suit with permission to file a fresh one on the same cause of action which was dismissed on 22.3.1994 by the trial Court with the observation that plaintiffs, if so advised, can amend the plaint. Plaintiffs-petitioners thereafter filed an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint. Application on contest has been allowed to the extent that they have been allowed to substitute paras 1 to 10 of the plaint, but they have not been allowed to change the heading and prayer clause of the plaint. This relief has been declined on the ground that it would change the nature of the suit. Against this part of the order, petitioners have preferred this revision petition.