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2011 Supreme(P&H) 1845

VIJENDER SINGH MALIK
Shamsher Singh – Appellant
Versus
Joginder Singh – Respondent


Advocates appeared:
Mr. Rohiteshwar Singh, Advocate, for the petitioners.
Mr. Dinesh Nagar, Advocate, for respondent No.1.
Mr. Daljeet Singh Kahla, Advocate, for respondent No.2.

JUDGMENT

VIJENDER SINGH MALIK, J. - This is a revision petition brought by the defendants under the provisions of Article 227 of the Constitution of India for setting aside the order dated 15.2.2011 passed by Civil Judge (Junior Division), Mukerian, vide which the application for amendment of the plaint has been allowed.

2. Joginder Singh, plaintiff had filed a suit for possession by way of removal of the super structure of all kind over land measuring 16 marlas out of the total land measuring 2 kanals 18 marlas, comprised in khewat No. 50 khatoni No. 106 and khasra no. 15R/17/1/(2-18) situated in village Fatehpur Kullian, Tehsil Mukerian, District Hoshiarpur, as per jamabandi for the year 1997-98. In order to ascertain the fact of encroachment, a Local Commission from the Revenue Department was appointed in the year 2005. He demarcated the land at the spot and found the defendants to have been in possession of land measuring 2 kanals 4 marlas instead of 16 marlas. The plaintiff, consequently, filed an application for amendment of his plaint for substituting land measuring 16 marlas by land measuring 2 kanals 4 marlas in the plaint.

3. Taking reply to the application, learned Civil












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