Balwant Singh and Others vs Surjit Kaur

A.N. Jindal, J

This petition has arisen out of the order dated 6.2.2010 dismissing the application for correction of the defendant''s name from Surjit Kaur to Sukhjit Kaur, in the copy of the judgment and decree dated 20.2.2007 passed by the trial court. Learned counsel for the petitioner has urged that Surjit Kaur and Sukhjit Kaur are one and the same person. Since said Surjit Kaur named herself as Surjit Kaur in the agreement, consequently, she was recorded as Surjit Kaur in the plaint and she is widow of Gurdial Singh son of Amar Singh. Gurdial Singh has no other widow. He also wants to lead evidence to prove that Surjit Kaur and Sukhjit Kaur are one and the same lady against whom the decree was passed. The learned counsel has requested that as a matter of fact, the application was decided without inviting further evidence.

Heard.

The order appears to have been passed without hearing Surjit Kaur or summoning her and without giving proper opportunity to the petitioner to lead evidence from where it could be inferred that Surjit Kaur and Sukhjit Kaur are one and the same lady. In the circumstances, this impugned order requires to be set aside. Resultantly, this petition is accepted, impugned order is set aside and the trial court is directed to provide opportunity to the parties to lead evidence and also to make roving enquiry, if necessary, to find out if Surjit Kaur and Sukhjit Kaur are one and the same lady and then decide accordingly.