ZAIL SINGH Vs. HARJIT SINGH

JUDGEMENT

(1.) The present revision petition is directed against the order passed by the learned Additional Civil Judge (Sr. Division), Amritsar, dated 13.2.1998. By virtue of the impugned order the learned trial Court had allowed the application filed by the respondents seeking amendment of the plaint on payment of costs.

(2.) Some of the relevant facts can well be delineated which would draw the controversy between the parties. The respondents had filed a civil suit for possession of the suit land in question. It was alleged that their father was the original owner of the land and the petitioners have by misrepresentation and fraud got the mutation changed in their favour. It was further contended that petitioners were unauthorised occupants. The suit had been filed in the year 1989. During the pendency of the suit, the respondents prayed for amendment of the plaint alleging that Hardial Singh father of the respondents had mortgaged the land to petitioner No. 1 vide registered mortgage deed dated 20.11.1978. It was for a period of 15 years. The possession of the same was delivered to petitioner No. 1 on the same date. Fifteen years have expired and, therefore, the respondents who were plaintiffs had a right to redeem the said property.

(3.) Needless to state that the application as such was contested because the necessary amendment as result of the pleadings mentioned above was opposed. It was pointed that amendment if allowed, would change the nature of the suit and that it is totally inconsistent with the previous pleadings.