LASHKAR SINGH Vs. BHULLA SINGH

JUDGEMENT

(1.) THIS petition has been directed against the order dated 9.9.1997 passed by Civil Judge (JD) Phagwara. By this order, the learned trial Court has allowed the application filed by the respondent-plaintiff under Order 6 Rule 17 CPC for amendment of the plaint. Notice of this petition was issued to the respondent.

(2.) MR . Ashu Punchhi, the learned counsel appearing on behalf of the petitioners submits that by the proposed amendment sought by the respondent- plaintiff the respondent wants to withdraw the admission made in the original plaint. He submitted that in the original plaint, it has been stated that the plaintiff was owner in possession of a house situated in village Maheru, Tehsil Phagwara and the construction of the house was on khasra No. 2247 and khasra No. 2248/1-7. He submitted that earlier the respondent had pleaded private partition but in the proposed amendment, it has been stated that there was no partition. He further submitted that in the original plaint, there is no mention of nay private passage. He, however, submitted that by way of proposed amendment, the respondent-plaintiff wants to make out a cas that his house is constructed only on khasra No. 2247 and there is a private passage to the residence of the petitioner in the western side which is about 6" in width. He, therefore, contended that the amendment sought by the respondent- plaintiff was of such a nature as to displace the defendants-petitioners' case and as such could not have been allowed. In support of his submission, the learned counsel has placed reliance on a judgment of Supreme Court in Heera Lal v. Kalyan Mal and others, AIR 1998 SC 618 : 1998(1) RRR 140.

(3.) I have given my thoughtful consideration to the submissions made by the learned counsel of the parties and have perused the record of the case. The original para No. 1 of the plaint reads as under :-