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2016 Supreme(P&H) 984

DARSHAN SINGH
Harbinder Kaur – Appellant
Versus
Harjinder Singh Sandha – Respondent


Advocates:
For the Petitioners:Mr. K.S. Rekhi, Advocate.

JUDGMENT

Mr. Darshan Singh, J.:- The present revision petition has been preferred against the order dated 28.1.2016 passed by the learned Civil Judge (Jr. Division) Amritsar whereby the application moved by the plaintiffrespondent under Order 6 Rule 17 of the Code of Civil Procedure 1908 (hereinafter called ‘the CPC’) has been allowed.

2. Learned counsel for the petitioners contended that the present suit was filed on 16.7.2013. The application for amendment of the plaint has been filed in May 2015 i.e. after about two years when the trial had already started. Thus, he contended that the order passed by the learned trial Court is violative of proviso to Order 6 Rule 17 CPC.

3. I have duly considered the aforesaid contentions.

4. The plaintiff-respondent had sought the amendment in the plaint to challenge the Will dated 6.4.1994 allegedly executed by Gur Kaur in favour of Kartar Singh and the sale deed dated 17.11.1998 executed by Kartar Singh in favour of defendants No.1 and 2. This fact is not disputed that even in the original plaint, the plaintiffrespondent has pleaded that the Will dated 6.4.1994 and the sale deed dated 20.11.1998 were illegal, so, in the body of the plaint, the




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