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1999 Supreme(P&H) 1455

N.K.AGRAWAL
Swaran Kaur And Ors. – Appellant
Versus
Harjit Singh And Anr. – Respondent


Judgment

N.K.Agrawal, J.

1. This is a revision petition by the plaintiffs against the order dated January 8, 1999 passed by the Civil Judge (Junior Division), Amritsar whereby the plaintiffs application for amendment of their replication has been rejected.

2. Plaintiffs filed a civil suit for possession of land. The defendant-respondent No.l took a plea in his written statement that he had become the owner of the land by adverse possession. The defendant is the son of the real sister of the plaintiffs, Balbir Singh and Swaran Singh. Earlier, the defendants father used to cultivate the land and thereafter the defendant cultivated the land "Bawaja Rishtedari". It is now stated by the plaintiffs that the defendant is a licensee. Plaintiffs wanted to make an amendment in the replication to the effect that the defendants father and after him the defendant, was in possession of the land as licensee. The licence has since been revoked.

3. The trial Court did not find any reason to allow amendment of the replication.

4. Learned counsel for the plaintiffs has argued that amendment of the replication was necessary so that a proper plea regarding the status of the defendant could be taken by t





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