IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 22.04.2026 Rameshwar ...Petitioner(s)

Vs.

Savitri ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. S.P.Arora, Advocate for the petitioner.

Mr. Pankaj Bali, Advocate for the respondent.

***

NIDHI GUPTA, J.

Present Civil Revision Petition under Article 227 of the Constitution of India has been filed by the plaintiff laying challenged to the order dated 12.07.2016 (Annexure P-5) passed by learned Civil Judge (Junior Division), Sonepat; whereby application filed by the petitioner/plaintiff for amendment of plaint under Order 6 Rule 17 CPC and under Order 1 Rule 10 CPC, has been dismissed.

2. Brief facts of the case in chronological order are as follows: -

24.01.1977: Vide original allotment, Gram Panchayat, Murthal allo plot No. 211/16/26 (100 sq. yds) to the Petitioner via Gift Deed No.

9059.

07.03.1995: Alleged oral Sale Deed was executed in favor of Respondent No. 1 for Rs.20,000. Petitioner alleged that signatures were obtained on blank papers while he was intoxicated during his daughter's wedding.

04.03.2005: Respondent No. 1 filed Civil Suit No. 441/2005 for permanent injunction based on the Oral Sale Deed dated 07.03.1995.

31.07.2008: Learned Civil Judge dismissed suit of the respondent No. 1 and findings were returned in favor of the Petitioner.

17.04.2010: However, Additional District Judge allowed the appeal of Respondent No. 1, while upholding the oral Sale Deed dated 07.03.1995. 30.04.2010: The petitioner challenged the above said judgment and decree of the learned ADJ before this Court by way of RSA-1694-2010; which came to be dismissed vide order dated 30.4.2010. 20.08.2010: The said judgment dated 30.4.2010 was challenged by the petitioner before the Hon'ble Supreme Court by way of SLP No. 22642/2010. Vide order dated 20.08.2010 (Annexure P-2), the operation of the impugned judgment dated 30.4.2010, was stayed by the Hon’ble Supreme Court.

27.04.2011: On 27.04.2011, Mutation (Intkal) No. 12568 was sanctioned in favour of respondent No.1 while the Supreme Court stay order was in active operation.

12.04.2012: Vide order dated 12.04.2012, SLP No. 22642/2010 was dismissed while granting liberty to the petitioner to exhaust the remedies in accordance with law.

16.04.2012: Petitioner/plaintiff then filed instant Civil Suit dated 16.04.2012 (Annexure P-1) for declaration and cancellation of oral Sale Deed dated 07.03.1995, and permanent injunction.

29.05.2013: Petitioner obtained a computer-generated jamabandi revealing Mutation No. 12568. The entry was found to be "crossed and cancelled" by the Patwari.

31.05.2013: Petitioner filed an application for correction of revenue records with the Tehsildar vide Diary No. 4020, dated 03.06.2013.

21.09.2015: Petitioner submitted a formal reminder (Diary No. 3002) to the Tehsildar regarding the pending correction.

15.12.2015: On 15.12.2015, issues were framed.

05.04.2016: As no action was taken by the revenue authorities in the application for correction submitted by the petitioner, Petitioner moved instant application (Annexure P-3) under Order 6 Rule 17 CPC and Order

1 Rule 10 CPC.

28.04.2016: Respondent/defendant had filed reply dated 28.04.2016 (Annexure P-4) to the above said applications.

12.07.2016: Vide the impugned order dated 12.07.2016, the said applications of the petitioner have been dismissed.

3. Hence, present Revision Petition.

4. It is inter alia submitted by learned counsel for the petitioner that impugned applications were necessitated on account of the fact that vide order dated 20.08.2010 (Annexure P-2), the Hon’ble Supreme Court had directed stay of the operation of the impugned judgment.

However, during the pendency of the said stay granted by Hon’ble Supreme Court, respondent had got sanctioned the impugned mutation. It is submitted that without appreciating the fact that the applications (Annexure P-3) of the petitioner was necessitated due to the subsequent events which are essential for the