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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Paramjit Singh – Appellant
Versus
Ajwinder Kaur – Respondent
| Table of Content |
|---|
| 1. revision petition regarding amendment of suit (Para 1 , 2) |
| 2. analysis of relevant case law on wills (Para 3 , 4) |
| 3. court's decision on notice issuance (Para 5) |
| 4. merit of petitioners' submissions established (Para 6) |
| 5. order to remand and reconsider the application (Para 7 , 9 , 11) |
JUDGMENT :
NIDHI GUPTA, J.
1. The present revision petition has been filed by the petitioners/plaintiffs for setting aside the impugned order dated 09.09.2025 (Annexure P-6) passed by the learned Civil Judge (Junior Division), Fatehgarh Sahib, whereby the application filed by the petitioner under Order VI Rule 17 read with Section 151 CPC, for amendment of the suit only qua cause of action has been dismissed.
2. It is, inter alia, submitted by learned counsel that the petitioner/plaintiffs have instituted a suit for declaration and permanent injunction against the defendants/respondents No. 1 to 3 herein, on dated 30.11.2023 (Annexure P-1). Defendant/respondents No. 1 and 2 have appeared in the suit and filed their written statement on 02.03.2024 (Annexure P-2). Defendant No. 3 was proceeded against ex parte vide order dated 03.12.2025 (Annexure P-3). Learned counsel submits that issue
Amendments to suit regarding cause of action are valid post-death of a testator, as claims regarding a Will are legally illogical during the testator's lifetime.
The cause of action in a suit for injunction against a deceased party survives and is heritable, and the decree is executable against the legal representatives.
The court emphasized the importance of considering the necessity of an amendment for determining the real controversy in the suit, and the need to exercise discretion judiciously and with great care.....
Amendment of plaint - Suit for injunction - Delay of 8 years in seeking amendment based on document - Relief seeking title alters nature of original suit for injunction - Not permissible.
An appeal filed against a deceased sole defendant is a nullity; proper procedure requires withdrawal of the appeal with liberty to file a fresh one involving the legal heirs.
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