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2023 Supreme(P&H) 829

KARAMJIT SINGH
Sukhdev Singh – Appellant
Versus
Balwinder Singh Sandhu – Respondent


Advocates appeared:
Mr. R.S.Sidhu, Advocate, for the petitioner.
Mr. A.P.S. Sandhu, Advocate with Mr. Ashish Kaushik, Advocate, for respondents No.1 and 2.

KARAMJIT SINGH, J.

Present revision petition has been filed by the petitioner/defendant No.2 for setting aside order dated 20.5.2019 (Annexure P-5) passed by the Court of Civil Judge, Junior Division, Tarn Taran, vide which, the application filed by the petitioner under Order 6 Rule 17 CPC for amendment of the written statement was dismissed in Civil Suit No.906 of 2014 titled Balwinder Singh and others v. Surjit Singh and others.

2. Brief facts of the case are that the plaintiffs/respondents No.1 and 2 have filed suit for declaration with regard to suit land on the ground that the plaintiffs and defendants No.1, 2 and 4 constitute HUF and are coparceners while Surjit Singh defendant No.1 is Karta of the said HUF which owns ancestral co-parcenary property.

3. The suit was contested by defendants No.1 and 2 who filed written statement wherein averments made in the plaint were denied and it has been pleaded that the suit land was exclusively owned by defendant No.1 out of which, he got land measuring 10K-2M in exchange from Gian Singh and while another land measuring 11K was purchased by defendant No.1 from Sohan Singh and Karam Singh sons of Bachittar Singh through registered sale deed

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