High Court Punjab-Haryana High Court

Sukhwinder Singh And Others vs Surjit Singh And Others on 18 April, 2009

Punjab-Haryana High Court
Sukhwinder Singh And Others vs Surjit Singh And Others on 18 April, 2009
Civil Revision No.4733 of 2007                              -1-

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      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH


                       Civil Revision No.4733 of 2007
                       Date of decision: 18.04.2009.


Sukhwinder Singh and others

                                                       Petitioners

                                Versus

Surjit Singh and others                           ...Respondents


CORAM: HON'BLE MR. JUSTICE S.D.ANAND.


Present:   Mr. Amarjit Markan, Advocate, for the petitioner.


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S.D.ANAND, J.

In the plaint, the averment made by the plaintiffs-

petitioners was that they are only in possession of the entire land in

suit (which, in this case, included the land comprised in Khasra

Nos.435/324, 325 etc.) During the pendency of the trial, the

plaintiffs-petitioners applied for the leave of the Court to amend the

plaint in order to able to aver therein that they are co-sharers in the

land comprised in Khasra Nos. 435/324, 325 which they had

purchased vide registered sale deed.

The learned Trial Court negatived the plea by observing

that it is a belated endeavour. In that context, it was noticed that suit

was filed on 17.5.2000, written statement/reply was filed on
Civil Revision No.4733 of 2007 -2-

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31.5.2000, stay application was disposed of on 10.6.2000, issues

were framed on 14.12.2001, the plaintiffs-petitioners concluded their

evidence on 12.11.2005, the defendants-respondents closed their

evidence on 19.10.2006 and the matter is presently fixed for

recording of rebuttal evidence and arguments. It was also observed

by the Court that it was the third amendment application filed by the

plaintiffs-petitioners and that it was unnatural to expect that a person

who had made the purchase of land in suit a number of years ago

was not in the know of the fact that he was a co-sharer therein. The

learned Trial Court was also concerned with the fact that the

allowance of the plea shall delay the disposal of this seven years old

case.

           In   the    context    of   the    above   indicated     items    of

observations, the learned         counsel for the plaintiffs-petitioners

informed, at the very outset, that no evidence whatsoever shall be

adduced by the plaintiffs-petitioners, if the amendment plea comes to

be allowed and they would straightway proceed to address the

arguments on merits thereof.

None has entered appearance on behalf of the

respondents to resist the plea.

In view of the statement(at the bar made by the learned

counsel for the plaintiffs-petitioners) and also in the peculiar facts

and circumstances of the case, it is apparent that the nature of the

suit will not be changed by the proposed amendment nor would

allowance of the plea aforementioned delay the disposal of the suit.
Civil Revision No.4733 of 2007 -3-

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The party opposite could, even otherwise, be compensated by

imposition of costs. It is not a case where the allowance of the plea

shall adversely affect any right which may have come to be vested in

the respondent in the course of the trial.

The petition shall stand allowed. The impugned order

shall stand set aside. The amended plaint which is already on record

shall be deemed to have been formally taken on record. If the

respondents are so inclined, they may file amended pleadings. The

learned counsel for the plaintiffs-petitioners states at the bar that the

rebuttal evidence shall be concluded on the very date the matter is

listed before the learned Trial Court. The matter shall come up

before the learned Trial on 4.5.2009. As none appears today for the

respondent, it will for the learned Trial Court to notify the date of

hearing to the party opposite. The rebuttal evidence shall be

concluded on 4.5.2009, the arguments shall be heard on 8.5.2009

and the matter shall be disposed of thereafter. The allowance of the

plea shall be subject to payment of Rs.3000/- as costs.

April 18, 2009                                  (S.D.Anand)
Pka                                                Judge