- (1.) This petition is filed against the order dated 30.10.2013 allowing the application filed under Order 6 Rule 17 of the CPC for amendment of the plaint.
(2.) The plaintiff filed a suit for declaration to the effect that Partapa S/o Heera S/o Nikka is presumed to have died, being unheard of for more than 7 years and she is entitled to succeed to his estate to the extent of 1/2 share along with defendants no.2 to 11 who are also entitled to his estate to the extent of 1/2 share, out of the total land measuring 120 kanal 2 marlas, situated in Hadbast No.282 of village Bahrowal, Tehsil Garhshankar, District Hoshiarpur.
(3.) In the written statement, defendants no.2 and 3 took a plea that the suit is bad for non-joinder of the parties as Partapa, who has been unheard of for more than 7 years, is a necessary party and should have been impleaded as such. Thereafter, the plaintiff-respondent no.1 filed an application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (here-in-after referred to as the "CPC") in order to amend the plaint to the following effect:- "(i) Deletion after the word 'Partapa' of page no.2 in line No.4 upto the line no.7 of the head note of the plaint and to insert the words in place of these words after the word "Partapa" that "through her deceased father Gurdass". (ii) Deletion of words, "to the extent of 1/2 share out of the share of Partapa" in line no.24 of the head note of plaint and to insert the words, "regarding the estate of defendant Partapa (who is unheard since 1955)," in the same line after the word, "plaintiff" in the head note of the plaint. (iii) The word Gurdev wherever in the plaint has to be deleted and "Gurdass" has to be inserted, in its place. (iv) Deletion of page no.5 in para 4, last but one line, after the words "entitled to" starting from words "1/2 share" to the last words of para no.4. In other words after words "entitled to" entire line of para no.4 of plaint to be deleted, and in the same para after the words "entitled to" the words, "succeeded to the estate of Partapa through her father Gurdass" are to be inserted". (v) Deletion of the word 'to the extent of 1/2 share out" of page no.6, para no.5, of the plaint. (vi) The prayer clause has to be amended in accordance with the amendments sought for.";