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High CourtsSingle Bench(2003) 05 P&H CK 0021

Hazari and Another vs Dharamwati alias Santa and Another

Punjab And Haryana At Chandigarh · Decided on 7 May 2003 · Citation: (2003) 135 PLR 75 : (2004) 1 RCR(Civil) 94

HON’BLE JUDGES
Hemant Gupta, J
RESULT
Dismissed
CASE NUMBER
Civil Revision No. 4396 of 1994

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Judgment

4 paragraphs · 360 words

Hemant Gupta, J.—The brief facts out of which the present revision petition arises are that in the suit filed by Dharamwati plaintiff-respondent, the plaintiff-respondent and Smt. Ghosan were alleged to have ownership right in the suit land to the extent on 2/5th share. On the basis of relinquishment of her right a decree was passed by the trial Court on 10th September, 1983. The plaintiff moved an application for the amendment of the plaint and consequential correction in the decree sheet to state that Smt. Ghosan is the owner to the extent of l/5th share only and therefore, relinquishment by Smt. Ghosan to the extent of 2/5th share required to be corrected to that of 1/5th share of Ghosan.

2.

The petitioners herein moved an application for impleading themselves as the legal representatives of Smt. Ghosan. The learned trial Court allowed the application for the amendment of the plaint but dismissed the application of the petitioners to be impleaded as the legal representatives of Smt. Ghosan.

3.

At the time of hearing of the petitioners, learned counsel for the petitioners argued that the petitioners, who are the legal representatives of the deceased Ghosan had a right to contest the application for correction of decree sheet. However, learned counsel for the petitioners could not point out any prejudice suffered by them on account of amendment of the plaint and consequent correction of decree sheet as the share of Smt. Ghosan is sought to be reduced from 2/5th share to l/5th share. In the absence of any prejudice, the petitioners may have a right to be impleaded as legal representatives of Smt. Ghosan but none of the rights have been effected so as to give any cause of action to the petitioners to dispute the order passed by the learned trial Court.

4.

Consequently, there is no illegality in the order passed by the learned trial Court whereby amendment has been allowed and decree sheet has been ordered to be corrected. The petitioners can establish their right as legal representatives of Smt. Ghoshan in appropriate legal proceedings. This revision is devoid of any merit and the same is hereby dismissed. No costs.