Faqir Chand alias Sat Pal vs Jaswant Singh

T.H.B. Chalapathi, J. (Oral)

This revision petition is filed against the order of Sub Judge, Second Class, Ambala City, dated 7.10.1977.

The plaintiff filed a suit that the sale deed dated 11.6.1958 executed by their father is not binding on them and that was without legal necessity. Thereafter, they filed an application for amendment of the plaint to permit them to take the plea that they all are entitled to the property which is Joint Hindu Family property along with their father and, therefore, their father has no right to alienate the suit property affecting their stake in the same. Reliance has been placed by the learned counsel for the petitioner on a Full Bench decision of this court in Pritam Singh v. Assistant Commissioner, Estate Duty, 1976 Current Law Journal 193. This application was rejected by the Sub Judge, Ambala City.

It is settled law that the pleadings can be amended at any time and the amendment of the pleadings is to be allowed in order to avoid multiplicity of proceedings. The question whether the plaintiffs can successfully challenge the transfer of Hindu Joint Family property by their father and whether father can alienate the property is a matter to be decided in the suit only. It is not necessary to go into these questions at this stage. In the facts and circumstances of the case, I am of the opinion that the application for amendment be allowed. Accordingly, I allow the revision petition, set aside the order of the learned Sub Judge Second Class, Ambala City, dated 7.10.1977, directing the amendment of the written statement and the defendants are entitled to file additional written statement to the amended plaint.

Parties are directed to appeal before the learned Sub Judge, Ambala, where the suit is pending on 31.8.1998.