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2018 Supreme(Jhk) 1339

SHREE CHANDRASHEKHAR
Hardeep Singh Sidhu, Son of late Darshan Singh Sidhu – Appellant
Versus
Harcharan Singh Sidhu, Son of late Sunender Singh Sidhu – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amit Kr. Das, Adv., Mrs. Sweta Shalini, Adv.
For the Respondent: Mr. Rohitashya Roy, Adv.

ORDER :

The petitioner, who is the plaintiff in Title Suit No.113 of 2013, is aggrieved of the order dated 06.12.2016 by which the application dated 18.06.2015 seeking amendment in paragraph no.32 of the plaint has been rejected.

2. Plea urged on behalf of the petitioner is that at the initial stage of the suit, when issues have yet not been settled, all amendments which are necessary for adjudicating the real controversy in the suit must be allowed and at this stage merits of the amendment cannot be looked into.

3. Title Suit No.113 of 2013 has been instituted for a decree for declaration that gift-deeds no.4483, 4484 and 4485, all dated 22.05.1982 are forged, fabricated, null and void, ineffective and not binding on the plaintiff and by virtue of these gift-deeds the defendants have not acquired any right or interest in the properties comprised in those gift-deeds. The plaintiff has pleaded that the parties are descendants of a common ancestor namely, Sardar Hem Singh, who had acquired several properties during his life-time from his own income from agriculture. Sardar Hem Singh had four sons and three daughters and during his life-time he had entered into a family arrangement with

























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