HAKAM SINGH Vs. BALJIT SINGH

JUDGEMENT

(1.) THIS petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity, 'the Code'), is directed against the order dated 3.8.1994, passed by the learned Additional District Judge, Sangrur, allowing the application of the plaintiff-respondents seeking an amendment in the plaint at the stage of appeal filed under Section 96 of the Code, which is pending consideration of the learned lower appellate Court.

(2.) BRIEF facts of the case are that the plaintiff-respondents had filed a suit for joint possession, declaration and permanent injunction by challenging two sale deeds dated 6.3.1990 executed by their father Gurdev Singh in favour of the defendant-petitioners. The defendant-petitioners are the nephews of Gurdev Singh, who is father of the plaintiff-respondents. One of the sale deeds was executed in favour of defendant-petitioner Nos. 1 to 4 and the other sale deed has been executed in favour of defendant-petitioner Nos. 5 and 6. A specific plea had been taken that the property is ancestral in nature as is evident from the pleadings in paras 3, 4 and 5 of the plaint which reads as under :

(3.) AGAINST the judgment of the trial Court, dated 28.8.1993, the plaintiff- respondents preferred an appeal under Section 96 of the Code. During the pendency of appeal an application under Order VI Rule 17 of the Code was filed by the plaintiff-respondents for incorporating the following amendment in the plaint :-