MANJIT SINGH Vs. PUNJAB KAUR

JUDGEMENT

(1.) TERSELY , the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, are that initially, petitioner -plaintiff Manjit Singh son of Jangir Singh (for brevity "the plaintiff") has instituted the civil suit (Annexure P1) for a decree of declaration to the effect that he is coowner and in possession of 1/2 share out of the joint land and the judgment & decree dated 22.8.2005 passed in civil suit No.550 dated 5.8.2003 are illegal, null, void and are not binding on his rights, with a consequential relief of permanent injunction, restraining respondents -defendants Punjab Kaur, widow of Bhag Singh and others (for short "the defendants") from forcibly interfering into his possession over the land in dispute situated towards the drain side.

(2.) DURING the pendency of the suit, the plaintiff filed an application (Annexure P2) for amendment of plaint under Order 6 Rule 17 CPC. Defendant No.2 refuted his prayer, filed the reply, strongly denied all the allegations contained in the application and prayed for its dismissal.

(3.) TAKING into consideration the facts and entire material on record, the trial Court dismissed the application (Annexure P2) for amendment of plaint filed by the plaintiff, by virtue of impugned order dated 27.1.2012 (Annexure P3).