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2011 Supreme(P&H) 754

RAM CHAND GUPTA
Anant Ram – Appellant
Versus
Hans Raj – Respondent


Advocates:
For the Applicant-Petitioner:Mr. Deepak Arora, Advocate.
For the Respondents No.1 & 2:Mr. Kuldeep Sanwal, Advocate.

JUDGMENT

Mr. Ram Chand Gupta, J. (Oral) - CM No.3733-CII of 2011

Application is allowed subject to all just exceptions.

CM No.3734-CII of 2011

Requests for placing on record Annexures P4 to P6. The same are taken on record subject to all just exceptions.

CM stands disposed of.

CR No.3627 of 2010

The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 06.05.2010, Annexure P3 passed by learned Civil Judge (Junior Division), Pathankot vide which application filed by petitioner under Order 6 Rule 17 of Code of Civil Procedure (hereinafter to be referred as the ‘CPC’) for amendment of plaint, was dismissed.

2. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court.

3. Facts relevant for the decision of the present revision petition are that, petitioner-plaintiff filed a suit for possession of ¼ share of land in dispute on the basis of will dated 03.05.1996 allegedly executed by his deceased father in his favour and in favour of defendants, who are real brothers of plaintiff. He has also challenged sale deeds dated 06.04.2000 a























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