- (1.) By this common order, I am disposing of two revision petitions i.e. C. R. No. 6059 of 2009 and C. R. No. 6060 of 2009 - both titled Jasbir Kaur and another v. Paramjit Singh and others because both these revision petitions have arisen out of single suit and a single first appeal. Suit was filed by Gurdev Kaur - petitioner No. 2, Jasbir Singh - proforma respondent No. 22 (since deceased) and Jasbir Kaur - petitioner No. 1, who are widow, son and daughter respectively of Labh Singh (since deceased) against respondents No. 1 to 21 as defendants. The said suit was decreed by the trial court. Some of the defendants have filed first appeal against judgment and decree of the trial court.
(2.) During pendency of first appeal, defendants moved two applications - one for amendment of written statement and other for additional evidence. Learned lower appellate court, vide separate orders dated 01.09.2009, allowed both the said applications on payment of Rs. 10,000/- as cost for each application. Order Annexure P-3 regarding amendment of written statement is under challenge in C. R. No. 6059 of 2009, whereas order Annexure P-5 regarding additional evidence is under challenge in C. R. No. 6060 of 2009.
(3.) Plaintiffs, in paragraph 3 of the plaint, alleged that gift deed dated 29.11.1962, executed by Ajaib Singh - father of Labh Singh and Gurdial Singh (predecessor of plaintiffs and some of the defendants) in favour of grandsons was challenged by Labh Singh by filing a civil suit in the year 1963, decided on 09.01.1964. The said suit was decreed and the gift deed was cancelled and Labh Singh was declared to be owner of 111 kanals 03 marlas land being 1/3rd share of 333 kanals 10 marlas land. Copy of register of civil suits regarding the said suit and copy of mutation No. 70, sanctioned on the basis of said decree, were attached with the plaint.;