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2019 Supreme(P&H) 233

RAJ MOHAN SINGH
OM PARKASH – Appellant
Versus
SUBASH CHANDER – Respondent


Advocates:
Advocate Appeared:
Achin Gupta, Adv.

JUDGMENT :

RAJ MOHAN SINGH, J.

1. Petitioner has preferred this revision petition against the order dated 07.01.2019 passed by Additional Civil Judge (Senior Division), Faridkot whereby the application filed by respondent No.1 for amendment of written statement was allowed.

2. Plaintiff filed a suit for separate possession by way of partition of half share out of plot measuring 8.6 marlas (205 sq. yards) which is part of khasra Nos.2383 (8-10) and 2388 (5-16) hereinafter called as suit land as detailed in the headnote of the plaint.

3. Defendant No.4/respondent No.1 filed an application under Order 6 Rule 17 CPC for amendment of written statement so as to take preliminary objection No.8 in respect of suit being bad for partial partition.

4. Plaintiff/Petitioner has contested the application on the ground that the chunk of land is 14 kanals 6 marlas in abadi and the same has been sold to different vendees with separate portions who had already constructed their houses. Defendants No.1 to 3 have sold the suit property to defendant No.4/respondent No.1 with specific boundaries. Plaintiff/petitioner pleaded that the entire holding in khasra Nos.2383 and 2388 cannot be treated to be joint as











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