KARTAR SINGH Vs. GURDIP SINGH

JUDGEMENT

(1.) Respondents filed a suit to challenge the four alienations made by Lal Singh, their father, on the ground that the parties were governed by Hindu Law and the property in dispute was the joint Hindu family property. The defendants admitted that the parties were governed by the Hindu Law but denied that the suit land was coparcenary property. During the pendency of the suit, the Punjab Land Alienation (Power to contest) Act 1920 was repealed with the effect that any alienation made by a person governed by custom can be challenged on the ground that the property was ancestral property. Consequently, the defendants moved an application for the amendment of their written statement so as to take the plea that the parties were governed by custom and not under Hindu Law. The object of the amendment was obviously to withdraw the admission made and take a contrary plea. The trial Court, however, declined the prayer for amendment, Apart from the fact that a party usually is not all owed to take a plea by way of amendment which results in non-suiting the plaintiffs, no irregularity or illegality has been pointed out by the learned counsel in the exercise of the jurisdiction by the trial Court in passing the Impugned order. No ground, therefore, has been made out for interference in revision and the petitioners, may take a ground in appeal, if any, filed against the ultimate decision of the trial Court.

(2.) This petition consequently fails and is hereby dismissed but without any order as to costs.