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2022 Supreme(P&H) 185

FATEH DEEP SINGH
Mahabir Singh – Appellant
Versus
Gurvinder Kaur – Respondent


Advocates Appeared:
Mr. P.S. Guliani, Advocate for the Petitioners.; Mr. Sandeep Jasuja, Advocate for the Respondent.

JUDGMENT

Fateh Deep Singh, J. (Oral) - Gurvinder Kaur then plaintiff (now respondent) filed against Mahabir Singh and another (present petitioners) a suit for declaration that she is co-sharer/co-owner of the land duly described and depicted in the head-note of the plaint on the basis of being a coparcener to the extent of l/3rd share and has sought to challenge the transfer deed No.5313 dated 14.03.2008 alleged to have been executed by Mahabir Singh being illegal, null and void; and sought consequential relief of permanent injunction restraining the defendant from further alienating the suit land.

2. During the course of trial of the suit, an application under Order 6 Rule 17 CPC was moved by the defendant that due to inadvertence it has been mentioned in the written statement that the suit land is ancestral joint Hindu Family Property and thus acceding to the plea of the plaintiff when in fact the property has devolved upondefendant No.l through testamentary succession and therefore wanted to amend the written statement. The same stood declined vide impugned order dated 13.05.2014 by the Court of Additional Civil Judge (Sr. Divn.) Malout and that is how the present revision petitio

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