CR Nos. 7584 and 7586 of 2011 (O&M). Case: Charkarwarti and Ors. Vs Gurprit Singh and Ors.. High Court of Punjab (India)
| Case Number | CR Nos. 7584 and 7586 of 2011 (O&M) |
| Counsel | For Appellant: Suvineet Sharma, Advocate |
| Judges | R. P. Nagrath, J. |
| Issue | Code of Civil Procedure, 1908 (CPC) - Order I Rule 10; Order VI Rule 17; Sections 151, 47; Constitution of India - Article 227 |
| Judgement Date | March 16, 2015 |
| Court | High Court of Punjab (India) |
Judgment:
R. P. Nagrath, J.
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By this common order CR No. 7584 of 2011 and CR No. 7586 of 2011 are being disposed of as similar questions are involved in these revisions. The petitioners have invoked the jurisdiction of this Court under Article 227 of the Constitution of India for seeking to set aside the order dated 17.11.2011 (Annexure P-6) passed by the trial Court whereby application under Section 151 of the Code of Civil Procedure (CPC) for carrying out certain changes in the plaint for describing the detailed particulars of the land, has been declined.
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Petitioner in CR No. 7584 of 2011, is the grandson and petitioner Kishan in CR No. 7586 of 2011 the son of Giani Ram. The facts are being extracted from CR No. 7584 of 2011.
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The suit was initially instituted on 01.04.2005, with a prayer for restoration of possession in respect of 49/487 share from defendants no. 1 and 2 and 904/4511 share from defendants no. 3 to 6 in the land fully described in the head-note of the plaint. Before framing of the issues an application for amendment of the plaint was filed on 14.07.2009 seeking to incorporate subsequent event of sale of 22 kanal 4 marlas of land by defendant no. 2 vide sale deed dated 31.05.2005 and defendants no. 3 to 6 having sold 110 kanals 5 marlas of land by including the suit land vide sale deed dated 26.04.2005, in favour of Katar Singh son of Baja Ram respondent no. 12, who was impleaded as defendant on an application made under Order I Rule 10 CPC. Defendants no. 7 and 8 were also impleaded as parties on their filing an application under Order I Rule 10 of the Code. Katar Singh son of Baja Ram on appearance in the Court disclosed that he had sold the land in favour of defendants no. 9 and 10. That application of the plaintiff was allowed on 07.03.2008, by the trial Court. The added defendants are respondents no. 9 to 12 but the instant petition is being contested by respondents no. 11 and 12, who are defendants no. 9 and 10 before the trial Court.
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The petitioner-plaintiff closed his evidence on 18.03.2011 and while the case was fixed for evidence of the defendants that the present application was filed for seeking amendment of the plaint on 13.05.2011. The trial Court allowed the application partly and during pendency of the instant petition, the evidence of the defendants has also been concluded.
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In the application presently under consideration filed under Section 151 CPC, there are twofold submissions: (i) that Katar Singh son of Baja Ram aforesaid could not be mentioned as a necessary party in the amended plaint dated 14.07.2009 due to inadvertence and (ii) that the petitioner-plaintiff intends to incorporate the details of khasra numbers purchased by Giani Ram from Partap Singh predecessor in interest of defendants no. 1 to 6; the land purchased by Giani Ram from Machhay Ram and; the details of land purchased by Giani Ram from one Vidyawati and to make consequential amendments.
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There is no controversy with regard to the prayer to impleaded Katar Singh as the same was allowed by the trial Court vide impugned order.
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The remaining dispute pertains to the prayer for amendment to incorporate the details of the property in question and the factum of filing of the objections in the execution in respect of some previous litigation in which Giani Ram was the judgment debtor.
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The averment of the petitioner-plaintiff in paragraph no. 2 of the amended plaint dated 14.07.2009 was as under:-
That the father of the plaintiff Shri Giani Ram purchased 23 Bighas - 9 Biswa agriculture land comprised in Khewat No. 1372 (6 Bighas - 15 Biswa), 1411 (7 Bigha - 4 Biswa), 1459 (6-18), 1460 Min East (2-11), situated at village Simla Gujran under sale deed No. 460 registered by Sub Registrar, Panipat. The said land was purchased for consideration from...
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