JASWANT SINGH Vs. SUKHDEV SINGH
LAWS(P&H)-2016-1-316
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 08,2016

JASWANT SINGH Appellant
VERSUS
SUKHDEV SINGH Respondents

JUDGEMENT

- (1.)Mr. Sukhdev Singh, Advocate has put in appearance on behalf of the respondent. Power of attorney filed by learned counsel for the respondent is taken on record.
(2.)Present revision petition under Article 227 of the Constitution of India is challenge to the order dated 30.1.2015 passed by Civil Judge (Junior Division), Dhuri, whereby application for amendment under Order 6, Rule 17 read with Section 151 CPC, so as to amend the plaint, was dismissed.
(3.)Learned counsel for the petitioner submitted that the house in question was given to the defendant for his residential purpose being fast friend of the plaintiff and the same was taken over by the defendant with the assurance that the same would be vacated as and when required by the petitioner. Lateron, the defendant refused to vacate the house and as such necessity of the suit. The defendant contested the suit claiming himself to be the owner of the property in question. Issues were framed on 13.8.2012 and during the proceedings of trial of the case, when the same was fixed for evidence of the plaintiff, the petitioner could lay his hands on "Sanad" dated 21.1.1956 and 31.12.1956 issued in the name of father of the petitioner by the Rehabilitation Department as he had migrated from Pakistan and the house was allotted to the father of the petitioner. On the basis of that, application for amendment of the plaint has been filed so as to incorporate these facts and the said application was dismissed by the Court below.


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