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2017 Supreme(P&H) 1113

ANIL KSHETARPAL
Gurbaksh Singh – Appellant
Versus
Buta Singh – Respondent


Advocates Appeared:
For the Petitioner:Mr. G.S. Bal, Sr. Advocate with Mr. Lovinder Kaur, Advocate.
For the Respondent:Mr. Ashish Gupta, Advocate.

JUDGMENT :

ANIL KSHETARPAL, J.

1. Plaintiffs have filed a present revision petition under Article 227 of the Constitution of India against the order dismissing the application seeking permission to amend the plaint. Plaintiffs have filed a suit on 25.09.2010. Copy of the plaint is Annexure P-1. Plaintiffs have challenged a decree passed by Civil Court on 30.06.1969 alleged to be an ex parte decree. Plaintiffs have pleaded in the plaint itself that the file of the case is not traceable in the record room. It was further pleaded that Buta Singh, the plaintiff in civil suit No.195 of 1968 had intentionally given old numbers when he challenged the sale deed dated 18.05.1956. Therefore, the suit was defective and hence, decree was also defective.

2. Issues in the present case were framed on 21.04.2012. Thereafter, plaintiff examined two official witnesses.

3. Plaintiff filed an application seeking amendment of the plaint. The amendment sought by the petitioner is extracted as under:-

“3-A That the perusal of the copy of the order/judgment dated 30.06.1969 and decree shows that the defendant No.1 filed that suit in the year 1968 deliberately without giving all the particulars of the land at t


















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