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2018 Supreme(P&H) 2870

RAJ MOHAN SINGH
Gurjit Kaur – Appellant
Versus
Balwinder Singh – Respondent


Advocates Appeaerd:Mr. Manish Kumar Singla, Advocate for the petitioners.
Mr. Deepak Kaushal, Advocate for respondents No.2 to 5.

JUDGMENT

Mr. Raj Mohan Singh, J.:- Petitioners have challenged the order dated 20.04.2017 passed by Civil Judge (Junior Division), Sunam vide which the application under Order 6 Rule 17 CPC for amendment of plaint was rejected.

2. Plaintiffs filed a suit for declaration to the effect that the plaintiffs are owner in possession of half share in land bearing killa No.167//17(7-8) situated at village Janal and defendants Nos.2 to 5 have no concern with the aforesaid land and mutation Nos.7670 and 7671 were claimed to be illegal, null and void. Permanent injunction was also sought, restraining the defendants from alienating the suit property.

3. Following recital was made in para Nos.1 and 6 of the plaint:-

“1. That earlier Sumar Singh @ Shamsher Singh @ Aala Singh s/o Mangal Singh was owner in possession of land measuring 7 kanal 8 marla situated at village Janal as mentioned in heading part A of the suit.

6. That apart from suit land, 195 kanal 7 marla land situated at village Janal was also there in the name of Sumer Singh and mutation of inheritance of the same had been sanctioned in favour of Balwinder Singh and Joginder Singh, on the basis of registered Will. Copy of mutation No.

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