IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

232 Date of decision : 20.03.2026 Anita Sanan and others ...... Petitioners versus Pawan Kumar and others ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Mandeep Singh Sachdev, Senior Advocate with Ms. Mehar Sachdev, Advocate and Mr. Rahul Sharma, Advocate for the petitioners.

Ms. Nandini Gupta, Advocate for respondent No.1.

None for respondents No.2 to 4.

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PANKAJ JAIN, J. (Oral)

1. Present revision petition is directed against order dated 06.08.2025 (Annexure P-1) whereby application filed by the plaintiff seeking amendment of plaint under Order VI Rule 17 stands dismissed, holding that the proposed amendment, if allowed, shall amount to change in the nature of the suit.

2. Plaintiffs filed suit seeking decree of declaration to the effect that they are co-owners/co-sharers to the extent of 1/4 share in the suit property as detailed out in the headnote of the plaint, left behind by Bhim Sen son of Kundan Lal and Premwati wife of Bhim Sen. After notice was issued, defendants filed written statement propounding Will dated 31.08.2022 and Transfer Deed dated 29.06.2021 in their favour by Bhim Sen and Premwati respectively. The present application filed under Order XI Rule 17 was thereafter moved, whereby plaintiff No.3 Radha Handa claimed of having discovered Will executed by her parents, namely Bhim Sen and Premwati bestowing rights in her favour. Accordingly, she sought amendment in the plaint to the following effect:-

“(A) The words "plaintiffs are co owners/co sharers to the extent of 1/4th share each" from the 2nd and 3d line of the head note of the plaint be allowed to be deleted and in its place, the following words be allowed to be incorporated:

"Plaintiff no. 3 is exclusive owner and in possession of the following properties being legatee on the basis of WILL dated 05.08.2019 executed by her parents namely Sh. Bhim Sen and Smt. Premwati which was duly registered with the office of Sub Registrar, Jalandhar on

19.01.2023".

Similarly, following words be allowed to be incorporated prior to 132 Marlas as mentioned in head note (b) of the plaint:

"41 Marlas was the ownership of Smt. Premwati and 41 Marlas was the ownership of Sh. Bhim Sen out of"

And after amendment, amended portion of the Head Note of the plaint will read as under:

Suit for Declaration to the effect that the Plaintiff no.3 is the exclusive owner and in possession of the following properties being legatee on the basis of WILL dated 05.08.2019 executed by her parents namely Sh. Bhim Sen and Smt. Premwati which was duly registered with the office of Sub Registrar, Jalandhar on 19.01.2023 (b) Godown situated at Shah Sikandar Road, Jalandhar measuring 41 Marlas was the ownership of Smt. Premwati and 41 Marlas was the ownership of Sh. Bhim Sen out of 132 Marlas and shown red in the site plan attached and bounded as under:

East : Road West : Tobri Mohalla North : Hanuman Ji Mandir South : Chawla Sales Corporation”

3. By way of proposed amendment, plaintiff No.3 now seeks declaration to the effect that she has become exclusive owner of some of the properties on the strength of the Will. The application stands dismissed by the Trial Court observing that the proposed amendment having an effect of altering the nature of the suit, cannot be allowed.

4. Learned senior counsel appearing for the petitioner has assailed the order passed by the Trial Court. He submits that the amendment is based upon a subsequent discovery of WILL. Trial is yet to commence. The Trial court erred in declining amendment holding that the proposed amendment shall alter the nature of the suit. The suit initially was filed whereby, all the plaintiffs claimed to be co-owners/co- sharers on the basis of natural succession. The prayer necessarily remains the same, apart from effect of Will now propounded by plaintiff No.3. He thus submits that the Trial Court erred in dismissing the application filed by the plaintiff under Order VI Rule