Shekher Dhawan, J. - (1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 16.07.2014 [Annexure P/6] passed by Civil Judge [Junior Division], Kaithal, whereby application filed by the petitioner for amendment of written statement was dismissed.
(2.) Learned counsel for the petitioner submitted that because of inadvertence and typing mistake, the following material facts as mentioned in application, Annexure P/3, were omitted and the same are required to come on the file so as to clarify the pleadings:- 2. That the defendant wants to clarify the pleadings by amending the written statement on page No. 2 in 3rd line after the words Kehar Singh and before the competent authority:- said Bhagwan Dass was the maternal uncle of defendant who executed a valid will dt: 27.6.2003 in favour of defendant and one Santokh Singh S/o Wariam Singh. After the death of said Bhagwan Dass, defendant and Santokh Singh has acquired every interest in the suit property by virtue of Will dated 27.06.2003. And at page No. 2 in 6th line after the word shop to the and before the word defendant wants to insert the word Maternal Uncle .
(3.) Learned counsel for the petitioner also submitted that the impugned order deserves to be set-aside as in such like cases, amendment of pleadings should be allowed. He placed reliance upon the judgments of Hon'ble Supreme Court in Prithi Pal Singh and another v. Amrik Singh and others, 2014(1) RCR [Civil] 327 ; Revajeetu Builders & Developers v. Narayanaswamy & Sons & Others, 2010 (1) RCR [Civil] 27 , Usha Balashaheb Swami & Ors. v. Kiran Appaso Swami & Ors., 2007 (2) RCR [Civil] 830 and a decision of Co-ordinate Bench this Court in Baljeet v. Ajit Singh and others, 2014(1) RCR [Civil] 871.;