Cr No.7938 of 2013 Vs. Uday Singh and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1120572
CourtPunjab and Haryana High Court
Decided OnJan-15-2014
AppellantCr No.7938 of 2013
RespondentUday Singh and Others
Excerpt:
cr no.7938 of 2013 -1- in the high court of punjab and haryana at chandigarh (118) cr no.7938 of 2013 date of decision: 15.01.2014 mahabir and others ......petitioners versus uday singh and others .......respondents coram: hon'ble mrs.justice sabina present: mr.jai vir yadav, advocate for the petitioners.**** sabina, j. petitioners have filed this petition challenging the order dated 16.10.2013 whereby application moved by them for permission to amend the written statement, was dismissed. learned counsel for the petitioners has submitted that by way of amendment of the written statement, petitioners want to set up their counter-claim. so far, plaintiffs have not led any evidence after the framing of the issues. the amendment sought by the petitioners was very necessary for the just decision of the case. in the present case, respondents no.1 to 3 have filed suit for permanent injunction restraining the defendants from raising any construction over the joint land in question. the suit was filed by the plaintiffs on 27.02.2010. joint written statement was filed by the defendants on 24.07.2010. however, the application for sandeep sethi 2014.01.16 15:46 i attest to the accuracy and integrity of this document cr no.7938 of 2013 -2- permission to amend the written statement was filed on 21.04.2013. bay way of the amendment, petitioners want to set up a counter- claim to the effect that they were owners in possession of the land in question and plaintiffs had no concern with regard to the land in question. entry in the names of the plaintiffs qua the land in question in the revenue record was wrong and was liable to be corrected. all the defendants are co-sharers and knew about the facts of the case at the time of filing of the written statement. it has transpired during the cours.of arguments that the disputed entry in the revenue record is dated 25.03.2010. thus, the said entry was made before the filing of the written statement by the defedants on 24.07.2010. in these circumstances, the learned trial court rightly dismissed the application filed by the petitioners for permission to amend the written statement, as the petitioners should have taken up all the pleas available to them at the time of filing of the written statement. moreover, it is not a case that the petitioners want to now incorporate facts by amending the written statement which were not in their knowledge at the time of filing of the written statement or the said facts had come into existence after the filing of the written statement. dismissed. (sabina) judge january 15, 2014. sandeep sethi sandeep sethi 2014.01.16 15:46 i attest to the accuracy and integrity of this document
Judgment:

CR No.7938 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (118) CR No.7938 of 2013 Date of decision: 15.01.2014 Mahabir and others ......Petitioners Versus Uday Singh and others .......Respondents CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.Jai Vir Yadav, Advocate for the petitioneRs.**** SABINA, J.

Petitioners have filed this petition challenging the order dated 16.10.2013 whereby application moved by them for permission to amend the written statement, was dismissed.

Learned counsel for the petitioners has submitted that by way of amendment of the written statement, petitioners want to set up their counter-claim.

So far, plaintiffs have not led any evidence after the framing of the issues.

The amendment sought by the petitioners was very necessary for the just decision of the case.

In the present case, respondents No.1 to 3 have filed suit for permanent injunction restraining the defendants from raising any construction over the joint land in question.

The suit was filed by the plaintiffs on 27.02.2010.

Joint written statement was filed by the defendants on 24.07.2010.

However, the application for Sandeep Sethi 2014.01.16 15:46 I attest to the accuracy and integrity of this document CR No.7938 of 2013 -2- permission to amend the written statement was filed on 21.04.2013.

Bay way of the amendment, petitioners want to set up a counter- claim to the effect that they were owners in possession of the land in question and plaintiffs had no concern with regard to the land in question.

Entry in the names of the plaintiffs qua the land in question in the revenue record was wrong and was liable to be corrected.

All the defendants are co-sharers and knew about the facts of the case at the time of filing of the written statement.

It has transpired during the couRs.of arguments that the disputed entry in the revenue record is dated 25.03.2010.

Thus, the said entry was made before the filing of the written statement by the defedants on 24.07.2010.

In these circumstances, the learned trial court rightly dismissed the application filed by the petitioners for permission to amend the written statement, as the petitioners should have taken up all the pleas available to them at the time of filing of the written statement.

Moreover, it is not a case that the petitioners want to now incorporate facts by amending the written statement which were not in their knowledge at the time of filing of the written statement or the said facts had come into existence after the filing of the written statement.

Dismissed.

(SABINA) JUDGE January 15, 2014.

sandeep sethi Sandeep Sethi 2014.01.16 15:46 I attest to the accuracy and integrity of this document