Rekha Mittal, J. - (1.) - The present petition directs challenge against order dated 17.9.2016 (Annexure P-8) whereby application filed by the petitioner/plaintiff under Order 6, Rule 17 of the Code of Civil Procedure (in short "CPC") for amendment of the plaint has been dismissed.
(2.) Amar Singh since deceased now represented by his legal representatives filed a suit for declaration that he is owner in possession of land measuring 2 kanals 7 marlas 3 sarsai, situated in village Turna, Tehsil Shahkot, District Jalandhar on the basis of registered sale deed dated 8.1.1973, detailed in head note of the plaint. Further challenge has been laid to the entries in fard jamabandi for the year 1976-77, sale deed dated 26.6.2007 executed by Nand Singh in favour of Gurwinder Singh, mutation No. 1912 sanctioned on the basis of oral exchange dated 17.3.2008 and 28.7.2010. The suit appears to have been filed in the year 2013. After the parties had already adduced their evidence and case was posted for hearing final arguments, an application was filed by the respondents/defendants for framing of additional issues that came to be dismissed by the trial court vide order dated 22.3.2016. The order passed by the trial court became subject matter of scrutiny in Civil Revision No. 2659 of 2016 and the same was decided by this court on 18.5.2016 and in consequence thereof, an additional issue was framed in the following terms:- "Whether suit filed by the respondents/plaintiffs is within limitation OPP"
(3.) One of the Lrs. of Amar Singh namely Jagir Singh filed an application under Section 151 read with Section 152 CPC (CM No. 12461-CII of 2016 in CR of 2659 of 2016) for clarification of order dated 18.5.2016.;