205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 10.09.2025 Harnek Singh & Ors ... Petitioner(s)

Versus Daljit Singh ... Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present : Mr. Ashish Gupta, Advocate for the petitioners.

Mr. Mudit Johar, Advocate for the respondent.

ALKA SARIN, J. (Oral)

1. The present revision petition has been filed under Article 227 of the Constitution of India challenging the impugned order dated 15.01.2025 (Annexure P-8) whereby the application filed by the defendant-petitioners under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) for amendment of the written statement has been dismissed.

2. Brief facts relevant to the present lis are that the plaintiff- respondent herein filed a suit in the year 2018 for permanent injunction for restraining the defendant-petitioners herein from interfering in the peaceful possession of the plaintiff-respondent and further for restraining the defendant-petitioners from dispossessing the plaintiff-respondent from the suit property. Written statement was filed. After the pleadings were complete, the issues were framed. Thereafter, at the time of rebuttal i.e. on 19.12.2024 the present application was filed for amendment of the written statement wherein the defendant-petitioners wanted to amend para 5 of the preliminary objection by adding the following paragraph :

“It is worth mentioning here that half share of the suit property is still in the possession of the real brother of the plaintiff namely Sukhdeep Singh son of Mukhtiar Singh son of Jagir Singh, as said Sukhdeep Singh got the entire property from his father by way of agreement dated 07- 04-2014. That thereafter Sukhdeep Singh sold ½ share of the suit property situated within the Lal Lakir of Village Burj Naklian to Gurdev Singh son of Harbachan Singh son of Bhan Singh R/o Village Burj Naklian vide agreement to sell dated 21-05-2015 for consideration of Rs. 1,00, 000/- coupled by the delivery of the possession. It is worth mentioning here that said Gurdev Singh further sold the suit property to Jaswant Singh son of Harnek Singh son of Anokh Singh R/o village Burj Naklian, Tehsil Raikot, Distt. Ludhiana vide agreement to sell dated 29-05-2015 for consideration of Rs. 2,00,000/- coupled by the delivery of the possession. It is further worth mentioning here that the aforesaid Jaswant Singh sold the suit property to Gurpreet Singh son of Jaswant Singh son of Harnek Singh R/O Village Burj Naklian, Tehsil Raikot, Distt. Ludhiana vide agreement to sell dated 27-07-2015 for a consideration of Rs. 2,50,000/- coupled by the delivery of possession. It is further worth mentioning here that said Gurpreet Singh further sold the suit property to defendant No.2 Harjit Kaur vide agreement to sell dated 12-09-2018 for a consideration of Rs. 2, 60,000/- coupled by the delivery of possession. Copies of the all agreements are appended herewith and presently it is the defendant No.2 who is the owner in possession of the suit property. The plaintiff is neither the owner nor in possession of the suit property at all and the plaintiff having no right, title or any other concern with the suit property. The present suit has been filed by the plaintiff in active collusion with his father Mukhtiar Singh which is evident from the fact that on 12- 09-2018 the defendant No.2 purchased the suit property from Gurpreet Singh as aforesaid and on 13-09-2018 very next day the plaintiff allegedly prepared the agreement to sell dated 13-09-2018 allegedly executed by Mukhtiar Singh in favour of the plaintiff which is forged and fictitious document. without consideration without delivery of the possession as Mukhtiar Singh has already given the suit property to his son Sukhdeep Singh vide agreement dated 07-04-2014 as aforesaid and the suit property has been alienated four times further coupled by the delivery of the possession and the suit property is a open space used for storage the cow dungs and animals etc