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2018 Supreme(P&H) 4735

HARI PAL VERMA
Pravin Kumar Budhia. – Appellant
Versus
Amrit Kumar Budhia (since Deceased) Through His Lrs And Others – Respondent


Advocates Appeared:
Mr. Avnish Mittal, Advocate, for the Appellant; Mr. H.K. Aurora, Advocate, for the Respondents

JUDGMENT

Hari Pal Verma, J. - The petitioner has filed the present civil revision under Article 227 of the Constitution of India impugning the order dated 09.10.2017 (Annexure P-6) passed by learned Civil Judge (Junior Division), Jalandhar, whereby an application under Order VI Rule 17 read with Section 151 CPC for amendment of plaint filed by the respondent-plaintiffs during pendency of the suit, was allowed.

2. Briefly stated, the respondent-plaintiffs had filed a suit for declaration to the effect that the parties in the suit are owners in possession of their partitioned share as reflected in the site plans attached with the plaint. An oral family partition was effected between the parties and was acted upon accordingly in the year 1971. Thereafter, the memorandum of partition dated 30.11.1998 of the properties situated at Atma Niwas, Seth Hukam Chand Colony, G.T. Road, Jalandhar, double storey shop No.859, Bazar Nauhrian- B-III/610/1 situated at Bazar Nauhiran, Jalandhar and three storey house No.NK-202, situated at Malkan Chowk, Charanjit Pura, Jalandhar, were partitioned.

3. The petitioner-defendant No.1 filed his written statement, wherein it has been admitted that the plaint

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