OM PARKASH Vs. VINOD AND OTHERS

JUDGEMENT

(1.) The present civil revision petition has been preferred against the order dated 19.8.2015 passed by the Court of learned Civil Judge (Senior Division), Yamunanagar at Jagadhri whereby the application filed by the plaintiff-petitioner under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter called 'the CPC') for amendment of plaint has been dismissed.

(2.) The plaintiff-petitioner has filed a suit for declaration that he is owner in possession of the land measuring 83 kanals 10 marlas detailed and described in the head note of the plaint situated at village Sandhala, Sub Tehsil Radaur, Tehsil Jagadhri, Distt. Yamuna Nagar. He has challenged the sale deeds dated 9.8.2011 allegedly executed by the plaintiff in favour of defendant No.1 and subsequent sale deed dated 19.8.2011 executed by defendant No.1 in favour of defendant No.2 and consequent mutations.

(3.) The plaintiff moved the application for amendment of the plaint alleging therein that defendants No.1 and 3 have played fraud upon him. He was having faith in them. They obtained his signatures on various papers but due to inadvertence and bona fide typographical error in paras No.5 to 11 of the plaint, defendant No.2 has been typed instead of defendant No.1. The said mistake was revealed while preparing the affidavit for evidence. Now the plaintiff wants to rectify the said mistake by mentioning defendant No.1 in place of defendant No.2 in paras No.5 to 11 of the plaint.