VINOD K.SHARMA,J - (1.) PRESENT revision petition has been filed against an order passed by the learned Civil Judge (Senior Division), Ropar vide which application filed by the respondent under Order 6 Rule 17 of the Code of Civil Procedure was allowed.
(2.) BRIEF facts of the case are that Gurdev Singh along with his brothers Balbir Singh and Gurshran Singh had executed an agreement to sell dated 23.10.1996 and the said agreement was extended on 17.4.1997. Gurdev Singh who was unmarried died. The case set up by the plaintiff-respondent was that as Gurdev Singh was unmarried the property of Gurdev Singh was inherited by Balbir Singh and Gursharan Singh and therefore, they were the legal representatives of late Gursharan Singh. In the written statement an objection was taken that the suit was bad for non-joinder and misjoinder of necessary parties. However, no mention was made that the property of Gurdev Singh was inherited by Gurdayal Kaur mother of Gurdev Singh. However, by leading evidence the factum of property having been inherited by Smt. Gurdayal Kaur came to the knowledge of the plaintiff- respondent and accordingly application for amendment was made.
(3.) THE said application was contested by the present petitioner on the ground that an objection was taken regarding the non-joinder of necessary parties in the written-statement and therefore, the amendment at this belated stage could not be allowed.;