IMPORTANT POINT
The court has the discretion to allow amendments to pleadings if they are clarificatory in nature and do not change the nature of the suit.

JUDGMENT (Oral)

I.A. 7919/2019 (under Order VI Rule 17 read with Section 151 CPC on behalf of defendant No.1 to 5 for Amendment of the Written Statement)

1. An application has been filed on behalf of defendant No.1 to 5 for Amendment of the Written Statement.

2. It is submitted in the application that the present suit has been filed for Partition and Rendition of Accounts. The Written Statements have been filed on behalf of defendant No.1 to 5. The suit has been filed by the plaintiff for more than 28 immovable properties in addition to moveable properties, which are the subject matter of the present suit.

3. It is submitted that defendants seek to change the title of paragraph 13 of the Written Statement from "Properties in which the plaintiff has received Share" to "Properties in which mutation entry has been made in the name of the plaintiff". The second amendment proposed to be made is that under the heading of "Properties in which the plaintiff has received share", it is mentioned that the agricultural land measuring 4 Kanal 11 Marla has been referred by the plaintiff in which he is claiming that he has not received any share. The defendant wants to amend the relevant portion of paragraph 13 of the Written Statement to shift the properties so mentioned in paragraph 13 of the Written Statement to be renumbered as paragraph 6 under the heading of "Properties owned by Defendant No.3 Mr. Sunil Kumar".

4. It is submitted that the proposed amendments are only the typographical and do not impact the merits of the case and be permitted to be under taken in the Written Statement of Defendant No.1 to 5.

5. The application is contested by the plaintiff who has submitted that these are not typographical errors but amounts to retraction of admissions, essentially prompted by the application under Order XII Rule 6 CPC filed on behalf of the plaintiff. The defendants have admitted that in certain properties the plaintiff has received share, which they now want to change to claim that these are the properties in which the mutation has been carried out in the name of the plaintiff. The carrying out of mutation is very different from getting a share in the property and it changes the entire connotation of the ownership in respect of the property. Likewise, the agricultural land which was claimed to be of defendant No.3, is now being intended to be credited to the ownership of Shri Sunil Kumar. It is, therefore, argued that this application is liable to be dismissed.

6. Submissions heard.

7. Essentially, the first proposed amendment is merely to correct the title of Paragraph-13, wherein the head of the Paragraph was properties in which the plaintiff has received a share and the two properties in which the mutation entry has been made in the name of the plaintiff.

8. By the second amendment, the plaintiff wants to shift the agricultural land in which it was stated by the defendants that no share had been received by the plaintiff. The same may be renumbered sub-paragraph 6 for clarifying that the said properties were owned by the defendant No. 3, Mr. Sunil Kumar.

9. The proposed amendments do not change the nature of the Suit and are more clarificatory in nature. Accordingly, the proposed amendments are, therefore, allowed.

10. The amended Written Statement be filed within 30 days with an advance copy to opposite counsel.

I.A.4780/2021 (under Section 151 CPC on behalf of the plaintiff seeking Exemption)

11. Exemption allowed, subject to just exceptions.

12. The application is disposed of.

I.A. 4781/2021 (under Section 5 of the Limitation Act, 1963 read with Section 151 CPC for Condonation of Delay of 2 days in filing the Review Petition)

13. An application for condonation of delay of two days in filing the Review Petition No. 66/2021, has been filed on behalf of the plaintiff.

14. For the reasons stated in the application, the application is allowed and delay of 2 days in filing the Review Petition is condoned.

15. The application is accordingly disposed of.