C.R. No. 1855 of 2009 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.R. No. 1855 of 2009 (O&M)
Date of Decision: 1.4.2009
Nirmail Singh
....Petitioner
Versus
Baldev Singh and others
...Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:- Mr. Arvind Bansal, Advocate
for the petitioner.
RAJESH BINDAL J
****
The challenge in the present petition is to the order dated
December 11, 2008 passed by the learned Court below whereby the application
filed by the petitioner/plaintiff for amendment of the plaint was dismissed.
Briefly the facts are that the petitioner along with his brother
Gurmail Singh-respondent No.3 filed a suit for declaration to the effect that the
petitioner along with respondent No.3 and their mother Prem Kaur were owners
of ¾ share in the suit land. Sale deed executed by Joginder Singh father of
petitioner on November 28, 2000 in favour of respondents No.1 and 2 was
challenged. During the pendency of the suit Joginder Singh father of the
petitioner/defendant No.1 and Prem Kaur mother of the petitioner/defendant
No.4 expired. Thereafter, the petitioner moved application for amendment of
the pleadings to claim more share in the property as against what was claimed at
the time of filing of suit in the year 2000. The application having been rejected,
the petitioner is before this Court.
Learned counsel for the petitioner submitted that on account of
death of parents of the petitioner, who were defendants in the suit, his share in
the property has increased as now he has inherited the other 1/4th share owned
by Joginder Singh as this development has taken place during the pendency of
suit, the amendment is necessary.
After hearing learned counsel for the petitioner, I do not find any
merit in the submission made. The suit was filed way back in the year 2000 with
the allegation that his deceased father Joginder Singh had alienated the
ancestral property without there being any legal necessity. In case during the
pendency of suit father has died all what can be permitted is that his LRs can be
brought on record. Whatever rights were there with the petitioner/plaintiff as on
C.R. No. 1855 of 2009 (O&M) 2
date of filing of the suit is to be determined by the Court. In case certain new
rights have evolved on the petitioner for that he may have a separate cause of
action. Even otherwise it was at the fag end of the trial that the application for
amendment was filed, which was highly belated. Even date of death of the
parents is not known.
For the reasons mentioned above, I do not find any merit in the
present petition and the same is dismissed.
(RAJESH BINDAL)
1.4.2009 JUDGE
Reema