Karnail Singh vs Kuldip Singh

Sat Pal, J.

This petition has been directed against the order dated 1.9.1997 pased by Additional Civil Judge (SD), Giddarbaha. By this order, the learned trial Court has dismissed the application filed on behalf of the plaintiff under order 6 Rule 17 CPC for amendment of the plaint. Notice of this petition was issued to the respondents.

Mr. Gill, the learned counsel appearing on behalf of the petitioner submits that in the original plaint, the plaintiff had taken the plea that he was owner in possession and in the application for amendment he has only sought an alternative relief to the effect that in case he is found not in possession of the suit land, he should be delivered the possession of the suit land. He further submits that the alternative plea by way of amendment can be taken by the plaintiff. In support of his submission, the learned counsel has placed reliance on a judgment of this court in Sardar Singh v. Smt. Gulwant Kaur, 1989(1) PLR 672.

After hearing the learned counsel of the parties and having perused the impugned order I, however, do not find any merit in this petition. From the impugned order, I find that in the plaint, the plaintiff had taken the plea that he was owner in possession and when in the written statement the defendants took the stand that they were in possession of the suit land and not the plaintiff, the plaintiff thereafter reiterated that he was in possession, in the replication which was filed on 12.12.1996. It is not the case of the plaintiff that during the pendency of the suit, he has been forcibly dispossessed by the defendants. In view of these facts, the amendment sought by the plaintiff is not relevant because according to the plaintiff himself he continues to be in possession even on the date when the application for amendment was filed. Further, the plaintiff cannot be permitted to withdraw the admission which he has made in the plaint and in the replication without change of the material facts. The view I have taken finds support from a recent judgment of the Supreme Court in Heeralal v. Kalyan Mal, 1998(1) R.C.R.(Civil) 140 : AIR 1998 SC 618.

In view of the above discussion, I do not find any merit in this petition and the same is dismissed.