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2008 Supreme(P&H) 1017

RANJIT SINGH
Mukhtiara – Appellant
Versus
Union Of India – Respondent


Judgment

Ranjit Singh, J.

1. The amendment of the plaint as sought by the petitioner is declined by the trial Court and the same is impugned through the present revision petition.

2. The petitioner had filed a suit for permanent injunction claiming that property in dispute was mortgaged to him before partition and since the mortgage has not been redeemed, the petitioner has become owner in possession of the property. Subsequently, respondent No. 3 was also added as a party and he has filed a written statement. The parties have led evidence in the suit and it was fixed for argument and rebuttal when the petitioner moved an application seeking amendment for taking up the plea of adverse possession. He now wants to amend the plaint to say that he is in possession and the same has become adverse and hostile and thus it has ripened into ownership due to lapse of time. The amendment as sought has been opposed on the ground of maintainability of the application as well as on the ground of delay in making such a move to seek amendment. The trial Court has declined the prayer of the petitioner on the ground that the trial has commenced long ago and the proposed amendment was within the knowl




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