JASBIR SINGH AND ANOTHER Vs. CHARANJIT KAUR

JUDGEMENT

(1.) The present appeal by the defendants is directed against the order dated 18.01.2018, whereby the Lower Appellate Court, Sangrur allowed two applications under Order 6 Rule 17 CPC of the plaintiff for amendment of the plaint during the pendency of the civil appeal and allowed the appellants-defendants to file supplementary written statement. The judgment and decree dated 20.09.2012 passed by the trial Court was also set aside, while directing the parties to appear before the trial Court, vide the impugned order.

(2.) The reasoning of the Court was that the issue between the parties was whether the property was ancestral in nature and in the absence of any issue having been framed regarding the same, the question regarding the nature of the property was extremely important. On the basis of the pleadings of the parties, the suit could not be decided without giving any finding on this aspect. Resultantly, it was held that to do complete justice inter se the parties, the amendment was necessary and it could not change the nature of the suit as such and the applications were allowed.

(3.) Counsel for the appellants-defendants has vehemently submitted that the order was not justified as the amendment at that stage was not permissible and that the parties were well aware of the nature of the land and, therefore, the Lower Appellate Court erred in allowing the application. In alternative, it was submitted that the report could have been called on the basis of the additional issues and the findings recorded as such on other issues which were as many as 14 in number were not not liable to be set aside, vide the impugned order.