- (1.) This petition assails the order dated 02.09.2009 passed by the Civil Judge (Junior Division), Batala, dismissing the application filed by plaintiff No.1-petitioner (hereinafter referred as 'the petitioner') for amendment of the plaint.
(2.) The petitioner filed a Civil Suit No.296 of 08.11.1997 against the defendants-respondent Nos. 1 and 2 (hereinafter referred as 'the respondents') for partition of the following property:- (i) Double storey house bounded as under; North - street; South - house of Shri Muni Lal and Shri Sohal Lal; East - house of Shri Hans Raj Puri; West - house of Shri Des Raj, situated at Takki Mohalla, Chakri Bazar, Batala. (ii) Double storey house bounded as under; North - house of Sharma Ji; South - street and house of Shri Roshan Lal; East - street and house of Shri Roshan Lal; West - house of Shri Roshan Lal, situated at Post Office Street, Inside Nehru Gate, Batala. After framing of issues, the trial commenced on 12.02.1999.
(3.) Thereafter, petitioner examined as many as seven witnesses and thereafter, the respondents examined 14 witnesses and closed their evidence. When the case was fixed for rebuttal evidence, the petitioner moved an application for amendment of the plaint in the following manner:- "(i) To amend the title of the suit by substituting the words " House No. B-XXV/89, Gokal Gali, Sarafan Bazar, Batala" in place of the words " House No. 572, New Bank Colony, Pathankot." (ii) To amend the title of the suit by substituting the words "5. Sh. Vinod Kumar son of" in place of the words "5. Master Vinod Kumar minor son of." (iii) In the title of the suit the plaintiffs are to delete the words "6. Baby Preeti daughter of." (iv) In the heading of the plaint containing the description of the suit properties, the plaintiffs are to add the words "bearing property No. BVIII/552, Batala" after the words "(ii) Double Storey House" and before the words "bounded on the." (v) In para No.2 of the plaint, the plaintiffs are to substitute the words "double storey house situated at Taki Mohalla, Chakri Bazar, Batala, as detailed in the heading of the plaint and Shri Kanshi Ram son of Shri Pritam Dass, resident of Taki Mohalla, Batala, was the owner in possession of the double storey house bearing Property No. B-VIII/552, Batala, situated at Post Office Street, Inside Nehru Gate, Batala, as detailed and described in the heading of the plaint" for the words "house detailed and described in the heading of the plaint", occurring in line No.3 of paraNo.2 of the plaint. (vi) The plaintiffs are to add the following para No.2-A before the existing paraNo.3 of the plaint:- "2-A. That the said Shri Kanshi Ram son of Shri Pritam Dass, resident of Taki Mohalla, Chakri Bazar, Batala, who was the father-in-law of plaintiff No.1 and maternal grandfather of plaintiff Nos. 2 to 5 died intestate in December, 1972, leaving behind the defendants, Smt. Sudesh Kumari, his daughter and Smt. Pushpa Wanti, his widow as his legal heirs under Schedule-I of the Hindu Succession Act, 1956, who succeeded to and inherited the Estate of the said deceased Shri Kanshi Ram including the aforesaid double storey house bearing Property No. B-VIII/552, Batala situated at Post Office Street, Inside Nehru Gate, Batala, in equal shares i.e. to the extent of share each." (vii) The plaintiffs are to substitute the words "suit properties in equal shares" occurring in line No.3 of para No.3 of the plaint with the words "double storey" house situated at Taki Mohalla, Chakri Bazar, Batala and as detailed and described in the heading of the plaint in equal shares and share of the said deceased Smt. Pushpa Wanti in the said double storey house situated at Post Office Street, Inside Nehru Gate, Batala, in equal shares." (viii) The plaintiffs are to substitute the following para No.4 in place of the existing para No. 4 of the plaint:- "4. That the said Smt. Sudesh Kumari died intestate on 20.09.1997 at Pathankot leaving behind the plaintiffs and Baby Preeti, her daughter (now deceased) as her only legal heirs under the provisions of the Hindu Succession Act, 1956, who succeeded to and inherited the 1/3 share of the said Smt. Sudesh Kumari in the suit properties in equal shares i.e. 1/18 share each. The said Baby Preeti who was earlier plaintiff No.6 died intestate at Batala on 04.01.2005 and her 1/18 share in the suit properties was succeeded to be inherited by plaintiff No.1 being her father and legal heir under Section 13 of the Hindu Succession Act, 1956. Thus, the plaintiff No.1 is the joint owner in possession to the extent of 1/9 share in the suit properties whereas the plaintiff Nos. 2 to 5 are the joint owners in possession of the suit properties having 1/18 share each.";