- (1.) Avtar Singh defendant no. 1 has filed this revision petition under Article 227 of the Constitution of India assailing order dated 07.1.2012, Annexure P/5 passed by learned lower appellate court thereby allowing application Annexure P/3 moved by respondent no. 1 plaintiff Savinder Singh (appellant before the lower appellate court) for amendment of plaint.
(2.) Plaintiff has filed suit inter alia challenging partition of the suit land effected by revenue authorities vide final partition order dated 12.10.1989 and Sanad Takseem dated 16.11.1989. The suit has been dismissed by trial court vide judgment and decree dated 21.7.2009. Plaintiff has preferred first appeal against the said judgment and decree of the trial court.
(3.) During pendency of the appeal, the plaintiff moved application dated 14.9.2011, Annexure P/3 for amendment of plaint alleging that now it has come to his notice from Ex-sarpanch and Lambardar Jagdeep Singh that there was an agreement of exchange dated 12.10.1989 by Rajpati proforma respondent no. 3 for herself as well as for her minor sons with defendant no. 1 Avtar Singh signed/thumb marked by them as well as by Jagdeep Singh Sarpanch and by Tej Kaur proforma respondent no. 2. Necessary plea regarding the said agreement of exchange is accordingly sought to be taken by amendment of plaint.;