SHALENDER KUMAR Vs. KIRANBIR SANDHU AND OTHERS

JUDGEMENT

(1.) DEFENDANT No. 3 -petitioner, in this petition, filed under Article 227 of the Constitution of India, is assailing the order dated 24.4.2013, passed by Civil Judge (Junior Division), Dalhousie, dismissing the petitioner's application, seeking amendment of written statement filed by defendant No. 1, as adopted by the present petitioner. Plaintiff filed a suit against the defendants pleading that order dated 12.7.2006 passed by the Assistant Collector, 1st Grade, Dalhousie, recording partitioning of the suit property inter se the parties is illegal, void and inoperative. Plaintiff claimed to be in joint possession of the suit property alongwith co -owners arrayed as defendants.

(2.) DEFENDANT No. 1 filed written statement resisting the suit, pleading partition inter se the parties in terms of order passed by the Revenue Officer. Significantly, petitioner adopted the said written statement.

(3.) WHEN the case was fixed for recording of the defendant No. 3/petitioner's evidence, an application was moved by him seeking amendment of the written statement, incorporating a plea that apart from being an original owner, he was a lessee in the suit land through other co -owners. Trial Court dismissed the application, inter alia, observing as under: