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ANIL KSHETARPAL
Daljit Kaur (Deceased) through her Legal Representatives – Appellant
Versus
Bhupinder Singh – Respondent
Judgment
Mr. Anil Kshetarpal, J.
This is the plaintiffs’ revision petition to challenge the correctness of the two impugned orders passed by the Civil Judge (Junior Division), Ludhiana on 20.11.2015. Vide Annexure P17, the trial Court has dismissed as many as four applications filed by the plaintiffs, two filed under Order I Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”), whereas two under Order 6 Rule 17 CPC. Through the second order, the civil suit filed by the plaintiffs has been dismissed on the ground that the same has become infructuous.
2. In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed. The petitioners, namely Daljit Kaur and Gursharan Kaur, mother and daughter, filed a suit against Bhupinder Singh for the grant of permanent injunction restraining the defendants from interfering into their possession with respect to the plot comprised in khasra No. 186 (min) with two rooms and a staircase. The plaintiffs claimed that they purchased the aforesaid property, measuring 527 square yards in total, through two different registered sale deeds, one executed by Gurmeet Singh, wherea
A decree based on admissions under Order 12 Rule 6 CPC can only be granted where admissions are clear and unequivocal; contentious issues of title and possession necessitate thorough evidence and fra....
Amendments to pleadings after the commencement of trial require showing due diligence; failure to do so warrants dismissal, especially if the amendment fundamentally alters the nature of the proceedi....
The correctness of the pleadings should be adjudicated after considering the evidence in the trial, and the trial court must consider the aspect of subsequent events when dealing with applications fo....
Court ruled that procedural amendment requests should be allowed even after the trial begins, provided they clarify existing claims and do not introduce new issues.
Third parties can seek protection of possession under CPC provisions, and courts must follow due process in such applications.
Point of Law : Amendments, which are sought to determine the real question in controversy between the parties, should be permitted to be made.
The court emphasized that the purpose of allowing amendment is to determine the question involved in the suit and that the nature of controversy between the parties should not be changed by the propo....
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