- (1.) DEFENDANT No. 3-Mahant Kapil Dev has invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to challenge order dated 29.11.2011 (Annexure P-13) passed by learned Civil Judge (Junior Division), Ludhiana, thereby disposing of application (Annexure P-11) moved by respondents No. 1 and 2/plaintiffs.
(2.) PLAINTIFFS sought amendment of plaint to add paragraph 14- A in the plaint and also to claim alternative relief of joint possession of the suit properties alongwith defendants No. 1 and 2. The said amendment was allowed by the trial Court. However, this Court in CR No. 51 of 2012 -2- revision petition disallowed the said amendment of the plaint. Hon'ble Supreme Court of India, vide order dated 8.7.2011 (Annexure P-8), allowed the amendment of plaint and restored the order of the trial Court. Thereafter, defendant No. 3 filed written statement to the amended plaint. Plaintiffs moved application (Annexure P-11) alleging that certain new pleas have been taken in the written statement to amended plaint which were not taken in the original written statement and some pleas taken in the original written statement have been deleted in the written statement to the amended plaint which could not be done. It was also alleged that new pleas by way of preliminary objections No. 9 to 11 have been taken in the written statement to the amended plaint although earlier attempt of defendant No. 3 to raise the same preliminary objections by amending the written statement was negatived by the trial Court and upheld by this Court in Civil Revision No. 4230 of 2006 reported as 2006 (2) HRR 531, Mahant Kapil Dev Vs. Smt. Parkash Wati and others. Plaintiffs accordingly prayed in application (Annexure P-11) that preliminary objections No. 9 to 11 of written statement to the amended plaint as well as some portions from paragraphs 1 and 14-A of written statement on merits be ordered to be expunged and defendant No. 3 be directed to re-submit the written statement by incorporating paragraph No. 2 and other other pleadings of the original written statement.
(3.) DEFENDANT No. 3 by filing reply (Annexure P-12) contested the aforesaid application.;