- (1.) Leave granted.
(2.) This appeal is filed against the judgment and order dated 13.11.2007 passed by the High Court of Punjab & Haryana at Chandigarh in Civil Revision No. 4486 of 2007 whereby the High Court dismissed the revision filed by the appellants herein and confirmed the order dated 06.06.2007 passed by the Civil Judge (Jr. Division) Malerkotla in an application filed by the appellants herein for amendment of the plaint.
(3.) Brief Facts: (a) Originally one Jhandu, resident of Village Haider Nagar, was the owner and in possession of land admeasuring 53 bighas 11 biswas at village Haider Nagar, Tehsil Malerkotla and 33 bighas 15 biswas situated at Village Binjoli Kalan, Tehsil Malerkotla. Jhandu died leaving behind Khuda Bux as his son and Aishan and Kaki as his daughters. The mutation of inheritance was sanctioned in favour of Khuda Bux alone being his son. (b) Feeling aggrieved by the aforesaid mutation, Kaki and Aishan (daughters of Jhandu) filed Suit No. 280/162 against Khuda Bux claiming 9/36 share each in the said lands before the subordinate Judge, Ist Class, Sangrur, Camp at Malerkotla. By order dated 20.12.1971, the sub-Judge dismissed the said suit. (c) Challenging the said judgment, Kaki and Aishan filed an appeal being Civil Appeal No. 21 of 1972 before the District Judge, Sangrur. Vide order dated 04.07.1972 passed by the District Judge, the said appeal was dismissed as withdrawn in terms of the compromise arrived at between the parties. According to the terms of the compromise, it was agreed that Khuda Bux shall be entitled to retain possession of land admeasuring 34 Bighas 13 Biswas in village Haider Nagar with the condition that he and his wife Ramzanan will receive the produce of the suit land during their life time but they will have no right to alienate it by way of sale, mortgage or any other form. After the death of Khuda Bux and his wife, the said land would be divided among the four sons of Khuda Bux in equal shares. The remaining land owned by Khuda Bux in Binjoli and Haider Nagar was partitioned by him amongst his four sons in the manner set out in the compromise deed. (d) On 12.09.1986, Khuda Bux executed a sale deed transferring ownership and possession of land admeasuring 17 Bighas and 10 biswas in village Haider Nagar in favour of the appellants herein. Challenging the said sale deed, the other two sons and two daughters of Khuda Bux filed a suit before the sub-Judge, Malerkotla. The sub-Judge dismissed the said suit and set aside the sale deed dated 12.09.1986. The said order was further confirmed in appeal. (e) After the death of Khuda Bux, Ramzanan - his wife filed Suit No. 308 of 2002 before the Civil Judge, Malerkotla for declaration and permanent prohibitory injunction against all her children. In the above suit, on 24.12.2002, she also filed an application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") seeking an injunction against the appellants herein from interfering with her possession. The said application was dismissed. Against the dismissal of the said application, she filed an appeal being C.M.A. No. 7 of 2003 before the Additional District Judge, Sangrur. By order dated 06.08.2003, the Additional District Judge dismissed the same. (f) Vide registered sale deed Nos. 1810 and 1811 dated 25.08.2003 Ramzanan (wife of Khuda Bux) and Bashiran and Rashidan (daughters of Khuda Bux) sold some lands to respondent No.1 to 3 herein and tried to forcibly dispossess the appellants and respondent No.4 herein from the lands under their possession. g) The appellants filed Suit No. 320 of 2003 in the Court of Civil Judge (Jr. Division) Malerkotla, for permanent prohibitory injunction restraining respondent Nos. 1-3 herein from forcibly and illegally dispossessing the appellants from the land in dispute. (h) In the said suit, the appellants herein filed an application on 17.09.2004 under Order VI Rule 17 read with Section 151 of the Code for amendment of the plaint. The trial Court, by order dated 06.06.2007, dismissed the said application. (i) Being aggrieved by the said order, the appellants filed Civil Revision No. 4486 of 2007 before the High Court of Punjab & Haryana. By impugned judgment dated 13.11.2007, the High Court dismissed the said revision. (j) Aggrieved by the said judgment, the appellants have filed this appeal by way of special leave.;