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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Jaswant Singh (Since Deceased) through his LRs. Gurdeep Singh – Appellant
Versus
Raghbir Singh – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. This is a civil revision petition under Article 227 of the Constitution of India for setting aside the order dated 16.03.2020 passed by the Civil Judge (Junior Division), Jagraon, in Civil Suit No.157 dated 25.03.2015, whereby the application for amendment has been allowed.
ARGUMENTS ON BEHALF OF THE PETITIONER:
2. Learned counsel for the petitioner has submitted that in the present case, respondent No.1 had filed a suit for separate possession to the extent of 0 kanal 5 marlas 7 sarsahi being 13/90 shares by way of partition of the house/property measuring 2 kanals 0 marla shown in red and green colour which was stated to be comprised in Khewat/Khatauni No.172/183, Khasra No.368 (1-0), 369 (1-0) as entered in the jamabandi for the year 2007-2008, situated in the area of village Dangon (H.B. no. 352), Tehsil Raikot, District Ludhiana. It is submitted that in the written statement filed by the petitioner, it was specifically stated that the present case was a case of partial partition which was not maintainable as there were other joint properties which were comprised in Khasra No.370 as well as in Rectangle No.42 Killa No.14/2. It is submitted that responde
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
Amendments to pleadings in partition suits should be liberally allowed to ensure justice and avoid multiplicity of proceedings, without assessing the merits of the amendment at the initial stage.
In partition suits, amendments to the plaint should be allowed unless they cause injustice or prejudice to other parties, promoting efficiency in resolving disputes.
Amendments in civil suits for partition are to be allowed to ensure all issues are resolved, minimizing litigation unless they cause injustice or prejudice to the other party.
The trial court's partition order, based on mutual agreements among siblings, was upheld, emphasizing the need for equitable distribution to ensure fairness despite conflicting motives.
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