FAQIR CHAND ALIAS SAT PAL Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS revision petition is filed against the order of Sub Judge, Second Class, Ambala City, dated 7.10.1977.

(2.) THE plaintiff filed a suit that the sale deed dated 11.6.1958 executed by their father is not binding on them and that was without legal necessity. Thereafter, they filed an application for amendment of the plaint to permit them to take the plea that they all are entitled to the property which is Joint Hindu Family property along with their father and, therefore, their father has no right to alienate the suit property affecting their stake in the same. Reliance has been placed by the learned counsel for the petitioner on a Full Bench decision of this court in Pritam Singh v. Assistant Commissioner, Estate Duty, 1976 Current Law Journal 193. This application was rejected by the Sub Judge, Ambala City.

(3.) PARTIES are directed to appeal before the learned Sub Judge, Ambala, where the suit is pending on 31.8.1998. Petition allowed.