JUDGMENT :

Alka Sarin, J.

The present revision petition has been filed by the plaintiff-petitioner challenging the impugned order dated 07.09.2019 (Annexure P-1) whereby the application filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) for amendment of the plaint has been dismissed.

2. Brief facts relevant to the present lis are that the plaintiff-petitioner filed a suit for declaration that the plaintiffs (petitioner and proforma respondent Nos.3 to 6 herein) are owners in possession of the land as fully detailed in the plaint. It was the case set up by the plaintiffs that Bhoomla was owner in possession of the suit land and upon his death on 16.11.1974, mutation No.549 was sanctioned on 16.01.1975 in favour of Jahar @ Jaharia, father of the plaintiff-petitioner, Chhotte Lal (defendantrespondent No.2 herein), Smt. Janki, Smt. Anchi, Smt. Mohra and Smt. Panchi. It was further the case set up that Chhotte Lal (defendant respondent No.2 herein) and Smt. Janki, Smt. Anchi, Smt. Mohar and Smt. Panchi daughters of Bhoomla transferred their 5/6th share out of the suit property vide judgment and decree dated 28.07.1975 in favour of Smt. Dwarki (defendant-respondent No.1 herein) and mutation No.565 dated 19.07.1978 was also sanctioned. Thereafter, since a dispute arose between Jahar @ Jaharia and Chhotte Lal (defendant-respondent No.2 herein), a family settlement was entered into on 02.02.1977 whereby it was agreed that both the brothers, namely, Jahar @ Jaharia and Chhotte Lal would get half share each. The family settlement was stated to have been reduced into writing on 02.07.1977 and a certified copy of the settlement was also appended. It was further the case set up that on the death of Jahar @ Jaharia on 01.09.1979, mutation No.581 was sanctioned in favour of the plaintiffs and their mother to the extent of 1/6th share which was wrong, illegal and against the family settlement dated 02.07.1977. Written statement was filed by the defendant-respondent Nos.1 and 2. After the plaintiffs had led their evidence, an application was filed under Order 6 Rule 17 CPC for amendment of the plaint seeking to add the following paragraphs :

"In alternate suit for declaration that plaintiffs are owner in possession of 7/18 share measuring 42 kanal agriculture land bearing khewat No. 42, Khatoni No.62, measuring 45 kanal 10 marla and khatoni no.63 measuring 19 kanal 7 marla and khatoni no.64 khasra no.126 gair mumkin 13 marla and khatoni no.65 rectangle and killa no.31//10/2 gair mumkin tubewell 14 marla total measuring 66 kanal 4 marla and khewat no.43 khatoni no.66 kitta 4 measuring 30 kanal 8 marla and khewat no.44 khatoni no.67 measuring 9 kanal 14 marla total measuring 40 kanal 2 marla and total in every three khewat 106 kanal 6 marla vide jamabandi 1973-74 situated at Village Asrawas Tehsil Narnaul on the basis of the notional partition and defendant. No.1 as per the judgment and decree dated 28.07.1975 is only comes to owner in possession of 11/18 share and judgment and decree dated 28.07.1975 to the extent of 5/6 share is totally wrong and against the fact and not binding on the plaintiffs and mutation no. 565 dated 19.07.1978 of village Asrawas to the extent of 5/6 share is totally wrong, illegal, null and void and not binding on the plaintiffs."

AND

"That if the Hon'ble Court on basis of the family settlement dated 02.02.1977 does not declare the plaintiff 1063/1530 share measuring 53 kanal 3 marla as owner in possession then in alternative the plaintiffs are entitle for the declaration that the plaintiffs are owner in possession of 7/18 share measuring 42 kanal in khewat No.42, Khatoni No.62, measuring 45 kanal 10 marla and khatoni no.63 measuring 19 kanal 7 marla and khatoni no.64 khasra no.126 gair mumkin 13 marla and khatoni no.65 rectangle and killa no.31//10/2 gair mumkin tubewell 14 marla total measuring 66 kanal 4 marla and khewat no.43 khatoni no.66 kitta 4 measuring 30 kanal 8 marla and khewat no.44 khatoni no.6