Kamaljit Kaur And ORS. v. Mukhvinder Kaur
-1Civil Revision No.4148 of 2017
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Civil Revision No.4148 of 2017 Date of decision: 03.07.2017 Kamaljit Kaur and others .......Petitioners versus Mukhvinder Kaur ......Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Manuj Nagrath, Advocate, for the petitioners. RAMENDRA JAIN, J. (ORAL) Challenge has been laid in the instant revision petition under Article 227 of the Constitution of India to order dated 20.04.2017 (Annexure P-5) passed by the trial Court dismissing application of the petitioners under Order 6 Rule 17 of the Code of Civil Procedure for amending their written statement.
Learned counsel contended that the application of the petitioners under Order 6 Rule 17 CPC for amendment of their written statement has wrongly been dismissed by the trial Court simply on the ground that the trial has commenced. The petitioners intended to bring on record some additional facts regarding execution of sale deeds dated 16.05.2000 and 11.05.2000 in favour of petitioners No.2 and 3 by Bachan Singh, who is none else, but father of respondent/plaintiff, for effective adjudication of the case.
Heard.
Undisputedly, the case is at initial stage. Fact of execution of Ravinder Singh 2017.07.12 13:30 I attest to the accuracy and authenticity of this document sale deeds by father of the respondent/plaintiff may have some relevance at
-2Civil Revision No.4148 of 2017 the time of final adjudication of the suit. Therefore, in the interest of justice, order dated 20.04.2017 (Annexure P-5) is set aside and the trial Court is directed to take the amended written statement of the petitioners on record incorporating the above facts and frame issues afresh, if needed, to adjudicate the matter effectively.
Disposed of accordingly.
(Ramendra Jain) Judge July 03, 2017 R.S.
Whether speaking/reasoned Yes/No Whether reportable Yes/No.
Ravinder Singh 2017.07.12 13:30 I attest to the accuracy and authenticity of this document