GIAN SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) THIS application has been filed under Sections 151, 152 and 153 of the Civil Procedure Code praying for the amendment of the plaint and the decree sheet. It is stated in the application that the plaintiffs instituted a suit for possession by way of redemption for half share of land comprised in Khata No. 374, Khatauni No. 602, Killa No. R. 63/6 -15/1 -14 -7 -5 -79/4 -25/2 measuring 40 Kanals vide Jamabandi of 1964 -65 on payment of Rs. 100/ -. It is further stated that in fact the Killa No. were R. 63/25/2, R. 79/ 4,7,14, 15/16 but by oversight wrong Killa Nos. were mentioned in the plaint. The suit of the plaintiffs, it is also stated, was decreed with respect to wrong Killa numbers. In the circumstances the above said prayer has been made. The application has been contested by Gian Singh, defendant -appellant only.

(2.) MR . Sarin, learned counsel for the appellant, has raised an objection that before ordering amendment of the plaint and the decree sheet it is necessary that all the respondent mortgagees should be served. I do not agree with the learned counsel for the appellant. In order 41, Rule 14, C.P.C., this High Court added an amendment wherein it was provided that it shall be in the discretion of the appellate Court to make an order, at any stage of the appeal whether on the application of any party or on its own motion, dispensing with service of such notice on any respondent who did not appear, either at the hearing in the Court whose decree is complained of, or at any proceedings subsequent to the decree of that Court.

(3.) MR . Sarin has then urged that in view of Section 97(1) of the Civil Procedure Code (Amendment) Act, 1976 (hereinafter referred to as the Amendment Act), the amendment by the Punjab and Haryana High Court referred to above stands repealed. The aforesaid section reads as under : -