LAKHWINDER SINGH Vs. KULWANT SINGH

JUDGEMENT

(1.) The petitioner is the third plaintiff in the suit bearing Case No.184 of 2013 on the file of the learned Civil Judge (Junior Division), Batala (hereinafter, 'the trial Court'). He filed this revision under Article 227 of the Constitution aggrieved by the order dated 20.04.2017 passed by the trial Court allowing amendment of the written statement of the first defendant under Order 6 Rule 17 CPC.

(2.) By order dated 17.05.2017 passed in this revision, this Court stayed further proceedings before the trial Court.

(3.) Parties shall hereinafter be referred to as arrayed in the suit. Case No.184 of 2013 was filed by the plaintiffs for a declaration to the effect that they were the owners in possession to the extent of half share of the suit property while the second and third defendants were the owners in possession to the extent of the other half share. The suit property was an extent of land admeasuring 29 Kanals 2 Marlas, bearing Khasra No.19R/7/2, 19R/13, 19R/14/1 and 19R/17/1, situated at Village Manjianwali, Tehsil Batala, District Gurdaspur, State of Punjab. They sought a further declaration that the mutation sanctioned on the basis of the sale deeds allegedly executed by Gopal Singh, the predecessor-in-interest of the plaintiffs, in favour of the first defendant was illegal, ultra vires, null and void, owing to the collusion and conspiracy between the first defendant and the revenue officials, who were not competent to sanction such mutation on the basis of the said sale deeds, as Suit No.133 dated 26.09.2001 filed by the first defendant against the plaintiffs and others before the learned Additional Civil (Senior Division), Batala, had already been dismissed, vide judgment and decree dated 26.04.2006. They also ought consequential relief in the form of proprietary possession over the suit property in favour of themselves and the second and third defendants and against the first defendant.