Poonam And ORS. v. Mahabir And ORS.
In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 6623 of 2018 Date of Decision: 05.09.2022 Poonam and Others ... Petitioner(s)
Versus
Mahabir and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present:
Mr. Sudhanshu Makkar, Advocate for the petitioner(s).
Mr. Jagjeet Beniwal, Advocate for the respondent No.1 to 4.
Anil Kshetarpal, J.
1.
While questioning the correctness of the interlocutory order dated 18.08.2018, the defendant No.16 to 18 have filed the present revision petition.
2.
The plaintiffs have filed a suit for declaration to the effect that they are owners in possession of the land measuring 17 kanals and 12 marlas on the basis of a registered sale deed dated 19.02.2004 executed by the defendant No.15 (Smt.Mana daughter of Sh. Nathu). The declaration was sought with regard to the correctness of entry of mutation dated 07.12.2012. During the pendency of the suit, the plaintiffs have filed an application for permission to amend the plaint. The Court while noticing that although, the issues have been framed, however, no evidence of the plaintiffs has been recorded, allowed the application for amendment. DEEPAK KUMAR BHARDWAJ 2022.09.09 10:48 I attest to the accuracy and integrity of this document 3.
It is not in dispute that the facts, sought to be incorporated by
Civil Revision No. 6623 of 2018 amendment, are already a part of the original plaint, however, those facts are intended to be stated in an elaborate manner by way of an amendment. 4.
Keeping in view the aforesaid facts, no ground is made out to interfere in the order of the trial Court. Hence, the present revision petition is dismissed. The petitioner shall be granted an opportunity, if not already granted, to file the written statement to the amended plaint. (Anil Kshetarpal) Judge September 05, 2022 "DK"
Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2022.09.09 10:48 I attest to the accuracy and integrity of this document