SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(P&H) 506

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Dr. Bharat Bhushan Parsoon
CR No. 2497 of 2004 (O&M)
Surinder Singh
v.
Nirmal Singh & Ors.
{Decided on 15/07/2014}

Advocates:
For the Petitioner:Mr. Harsh Bungar, Advocate.
For the Respondents: None.

Headnote:Amendment of Pleadings--Even change in the nature of relief claimed by way of amendment in the pleadings is not be considered as a change in the nature of the suit.

       (A) Civil Procedure Code, 1908, O.6 R.17--Amendment of Pleadings--Amendment in pleadings is permissible at any stage including the stage of arguments and even when the case is at the appellate stage if such an amendment is necessary for complete adjudication of the dispute. (Para 9)

       (B) Civil Procedure Code, 1908, O.6 R.17--Amendment of Pleadings--Merely because the plaintiff is prosecuting his cause very slowly is no ground to reject the amendment sought for by the suitor. (Para 10)

       (C) Civil Procedure Code, 1908, O.6 R.17--Amendment of Pleadings--If other co-owners of the land with the plaintiff have not been impleaded as parties is no ground to reject the prayer of amendment of the plaint. (Para 10)

       (D) Civil Procedure Code, 1908, O.6 R.17--Amendment of Pleadings--Even change in the nature of relief claimed by way of amendment in the pleadings is not be considered as a change in the nature of the suit. (Para 8)

       (E) Civil Procedure Code, 1908, O.6 R.17 & O.1 R.10--Suit for declaration--Plaintiff filed suit for declaration that property is ancestral property and he is co-parcenar--Plaintiffs has challenged subsequent sale deeds and also seeks impleadment of vendees of sale effected by his father--Both the application for amendment of pleadings and Impleadment of subsequent vendees allowed--Specific Relief Act, 1963, S.34.

JUDGMENT

Dr. Bharat Bhushan Parsoon, J.: - One Nirmal Singh (now respondent No.1-defendant) had sold some land to Balkar Singh (now respondent No.4) vide sale deed dated 27.6.2002. Having come to know of the said sale deed, the present petitioner, who is son of non-applicant-vendor-respondent No.1-defenant filed a suit for declaration that the property in suit is ancestral coparcenary property and he was entitled to 1/4th share therein. Respondent No.1- defendant sold some more land vide three sale deeds of different dates. By way of application under Order VI Rule 17 CPC, he wanted to amend his plaint in a bid to challenge even the subsequent sale deeds. By way of yet another application under Order I Rule 10 CPC, he wanted to implead the vendees of the subsequent sales as parties.

2. Both these applications were strongly resisted by the contesting respondents and were sequelly dismissed vide the impugned order.

3. By way of this revision petition, the petitioner-plaintiff seeks quashing of the impugned order and seeks to carry out amendments in the plaint. In addition to enlarging the scope of his suit, the petitioner-plaintiff also seeks to challenge the subsequent sale deeds and also seeks impleadment of vendees of the said sales effected by his father.

4. It is claimed that without the proposed amendment sought in the plaint and without vendees of the subsequent sales being impleaded as parties to this litigation, this litigation cannot be decided effectively, completely and wholesomely. It is claimed that the trial court ignored vital and material circumstances having bearing on the case and wrongly rejected prayer of the petitioner-plaintiff.

5. Though respondent No.1 had been appearing through counsel earlier, he made no appearance thereafter.

6. Hearing has been provided.

7. Vide the pending suit, the plaintiff has sought declaration to the effect that he is owner of 1/4th share of the total land and further that he is owner in joint possession thereof. The suit is based on the ground that he is a coparcener and the property is ancestral and coparcenary. He is son of the vendor. He has filed the suit through his attorney and thus, is keeping himself at the back. Copy of power of attorney on record reveals that the plaintiff himself is living in USA.

8. Counsel for the petitioner citing judgments of the Hon’ble Supreme Court in Amit Kumar Shaw and another Versus Farida Khatoon and another, [2005(2) Law Herald (P&H) 786 (SC)] : 2005(2) RCR (Civil) 651, Thomson Press (India) Ltd. Versus Nanak Builders & Investors P. Ltd. & others, [2013(2) Law Herald (SC) 1240 : 2013(2) Land L.R. 292 (SC)] : 2013(2) RCR (Civil) 875 and Abdul Rehman and another Versus Mohd. Ruldu and others, [2012(6) Law Herald (SC) 4726 : 2012(4) Law Herald (P&H) 3486 (SC)] : 2012(4) RCR (Civil) 481 has urged that transferees pendente lite need to be impleaded as parties and effective adjudication of the matter in litigation cannot be done in their absence. It is claimed that the amendment sought to be introduced rather would minimise the litigation. It is urged that even change in the nature of relief claimed by way of amendment in the pleadings is not be considered as a change in the nature of the suit and power of amendment of pleadings is to be exercised in the larger interest of doing full and complete justice between the parties.

9. There is no dispute that amendment in pleadings is permissible at any stage including the stage of arguments and even when the case is at the appellate stage if such an amendment is necessary for complete adjudication of the dispute. While dismissing the application of the plaintiff, Has noticed this proposition of law, learned lower court even questioned maintainability of the suit for permanent injunction whereby restraint is sought against the Karta from alienating the coparcenary property.

10. Merely because the plaintiff is prosecuting his cause very slowly is no ground to reject the amendment sought for by the sui














Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top