SHEELA DEVI AND ORS. Vs. BAKSHI RAM

JUDGEMENT

(1.) BY means of this petition, the Petitioners (hereinafter referred to as the Defendants) have challenged the order dated 7th January, 2011, passed by learned Civil Judge (Senior Division), Nadaun, in Civil Suit No. 232 of 2004, whereby he has rejected the application filed by the Defendants, seeking permission to amend the written statement.

(2.) BRIEFLY stated the facts of the case are that the Respondent (hereinafter referred to as the Plaintiff) filed a suit, in respect of land comprised in Khasra No. 62, Khata No. 57 min, Khatauni No. 57 min, measuring 0 -11 -09 hectares, situated in Tikka Reori Uperli, Tappa Jalari, Tehsil Nadaun, District Hamirpur, Himachal Pradesh. In the plaint it was alleged that the land, which is abadi deh, was coming in the possession of the parties since time of their forefathers and that the Plaintiff and Defendants alone are the owners to the exclusion of the other estate right holders of the village. It was further alleged that the Plaintiff has half share in the land and the Defendants jointly own the other half. The Plaintiff, therefore, sought possession of half share by way of partition.

(3.) THE suit was filed in the year 2004. The Plaintiff concluded his evidence in the year 2007 and the Defendants concluded their evidence in the year 2010 and thereafter the case was fixed for rebuttal evidence of the Plaintiff. The Defendants, at this stage, moved an application that during the pendency of the suit they had come to know that their mother Dhano Devi had purchased the entire suit land vide sale deed dated 20th April, 1979 and, therefore, they sought permission to amend the written statement. Now, they wanted to withdraw the admission that the suit land was joint and instead wanted to plead that their mother had purchased the entire suit land and, therefore, they are the exclusive owners in possession of the suit land. This is the sum and substance of the amendment sought by the Defendants.