As per case facts, a suit was filed for property declaration, challenging a sale deed, alleging the original owner died without a Will. The defendants, including Petitioners, initially did not ...
CR-6414-2019 (O&M) and -1-
CR-6446-2019 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(121)
1. CR-6414-2019
Indermohan Singh and others ....Petitioners
Versus
Manmohan Singh and others .....Respondents
2. CR-6446-2019
Harmohan Singh and others ....Petitioners
Versus
Manmohan Singh and others .....Respondents
Date of decision: - 26.02.2026
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Vishal Aggarwal, Advocate, for the petitioners.
Mr. Gurcharan Dass, Advocate, and
Ms. Ravinder Kaur, Advocate, for respondent No.1.
Mr. Harpreet Singh, Advocate, for respondent No.2.
****
VIKAS BAHL, J. (ORAL)
INDEX
Paras Pages
Challenge in the cases 1 2
Arguments on behalf of the petitioners 2-3 2-3
Arguments on behalf of respondent No.1/plaintiff 4-5 3-5
Analysis and Findings 6-19 5-15
CR-6414-2019 (O&M) and -2-
CR-6446-2019 (O&M)
CHALLENGE IN THE CASES
1. Present order would dispose of two civil revision petitions
both of which have been filed by defendants No.2 to 5 and are arising
from the same suit. In CR-6414-2019, challenge is to the order dated
31.07.2019 (Annexure P-7) vide which the application filed by the
petitioners for amendment of the written statement, after the trial had
commenced, has been dismissed. In CR-6446-2019, challenge is to the
order dated 31.07.2019 (Annexure P-9) vide which the application filed
by the plaintiff/respondent No.1 for deletion of new paragraphs added in
the amended written statement filed by the petitioners, was allowed.
ARGUMENTS ON BEHALF OF THE PETITIONERS
2. Learned counsel for the petitioners has submitted that in the
present case, there is a Will executed in favour of petitioners No.1 & 2/
defendants No.2 and 3 by Takhat Singh, the admitted owner of the
property. It is further submitted that however on account of typographical
error while responding to para 5 of the plaint, in the written statement
filed by the petitioners/defendants it was inadvertently stated that the
averments to the effect that there is no legal Will were “not denied”. It is
submitted that in fact the petitioners/defendants wanted to deny the said
averments as there was a Will in favour of petitioners No.1 and 2. It is
further argued that a perusal of the entire original written statement would
show that it was the case of the petitioners that the present plaintiff was a
consenting party for transfer of the ownership of the property in dispute in
the name of defendant no.1 however on account of a typographic mistake
CR-6414-2019 (O&M) and -3-
CR-6446-2019 (O&M)
in para 9 instead of the word 'consenting party', the word 'contesting party'
had been mentioned. It is further submitted that the application filed by
the petitioners for amendment of the written statement on the said two
aspects has been dismissed by the trial Court vide order dated 31.07.2019
(Annexure P-7) and the impugned order is illegal and deserves to be set
aside as only the typographical errors are required to be corrected by the
petitioners. It is argued that the said order dated 31.07.2019 (Annexure
P-7), which is subject matter of challenge in CR-6414-2019, be set aside
and the said revision petition be allowed.
3. Learned counsel for the petitioners while arguing
CR-6446-2019 has submitted that in the present revision petition,
challenge is to the order vide which the application filed by respondent
No.1/plaintiff for deletion of the new pleas which had been taken in the
amended written statement in response to the amended plaint, had been
allowed. It is further submitted that in case, CR-6414-2019 is allowed and
the petitioners are permitted to carry out the necessary amendments as
prayed for in the application for amendment, then, the present revision
petition would be rendered infructuous. It is further submitted that in case
the said revision petition (CR-6414-2019) is dismissed, then, the aspect
that the amended written statement which was filed in response to the
amended plaint is in accordance with law, be considered.
ARGUMENTS ON BEHALF OF RESPONDENT NO.1/PLANTIFF
4. Learned counsel for respondent No.1, on the other hand, has
submitted that respondent No.1/plaintiff had filed a suit for declaration to
CR-6414-2019 (O&M) and -4-
CR-6446-2019 (O&M)
the effect that the sale deed dated 10.11.2009 executed in favour of
defendant No.1 was illegal, null and void and had prayed for 1/6
th
share of
the suit property on the plea that Takhat Singh, the father of the plaintiff
as well as defendants No.2 to 5 was the admitted owner of the property
and that he had not executed any Will and was survived by six legal heirs.
It is further submitted that in the written statement filed by defendants
No.1 to 5, which included the present petitioners, no plea with respect to
any Will was set up and thus, in consonance with the averments in the
written statement, the para No.5 of the plaint was not denied. It is stated
that on the basis of the pleadings of the parties, the issues were framed
and no issue with respect to Will was framed.
5. It is further argued that since defendant No.1 had further
executed a transfer deed in favour of defendants No.2 and 3 during the
pendency of the case, thus, respondent No.1/plaintiff was forced to file an
application for amendment of the plaint to challenge the said transfer
deed which had been executed during the pendency of the suit. It is
argued that the petitioner had cleverly by filing the amended written
statement to the amended plaint added paragraphs which were beyond the
scope of the amended written statement and thus, the plaintiff/respondent
No.1 moved an application for deletion of the said paragraphs and the
trial Court rightly vide order dated 31.07.2019 (Annexure P-9 in
CR-6446-2019) allowed the said application. It is also argued that since
the petitioners were aware that the said addition was not in accordance
with law, thus, the petitioners had also filed an application for amendment
CR-6414-2019 (O&M) and -5-
CR-6446-2019 (O&M)
of written statement trying to amend the averment made in para 5, which
is not permissible. It is submitted that it could not even remotely be stated
that non-denial of there being no Will in favour of defendants executed by
Takhat Singh was a typographical error rather the same is an admission,
which admission is in consonance with the other averments made in the
written statement. It is submitted that the evidence of the plaintiff has
been completed and the defendants have not set up any pleas qua any Will
and thus, the application for amendment has only been filed to delay the
proceedings and is without due diligence. It is further submitted that the
order vide which the amendment application has been dismissed is in
accordance with law and deserves to be upheld.
ANALYSIS AND FINDINGS
6. This Court has heard learned counsel for the parties and has
perused both the revision petitions and finds the impugned order passed
in CR-6446-2019 is in accordance with law and deserves to be upheld and
the impugned order passed in CR-6414-2019 deserves to be partly
allowed for the reasons which have been detailed hereinafter.
7. It is not in dispute that respondent No.1-Manmohan
Singh/plaintiff had filed a suit with the following prayers: -
“It is, therefore, prayed that a decree for declaration
declaring the sale deed no. 7507 dated 10.11.2009 of plot no. 66-1,
Sarabha Nagar, Ludhiana executed by defendant no. 6 in favour of
defendant no. 1 excluding the plaintiff, as null and void, illegal,
non- est, not having legal value and force in the eyes of law and not
binding on the plaintiff and suit for the cancellation of said sale
deed dated 10.11.2009 of plot no. 66-1, Sarabha Nagar, Ludhiana
CR-6414-2019 (O&M) and -6-
CR-6446-2019 (O&M)
and suit for mandatory injunction directing the defendant no. 6 to
execute fresh sale deed of 1/6th share in the suit property in favour
of the plaintiff and suit for possession of one sixth share in plot no.
66-1, Sarabha Nagar, Ludhiana measuring 345.50 sq. yards which
has been shown as red in the site plan attached and bounded as
under:-
North: Plot No. 67-1
South: Road 30' wide
East: 30 ft. wide Road
West: Plot No. 90-1
AND
Suit for permanent injunction restraining the defendants not
to sell, transfer, mortgage, damage, demolish or alienate in any
manner whatsoever, the suit property to any other person be
granted in favour of the plaintiff and against the defendants.
Any other additional or alternative relief to which the
plaintiff is found entitled to in the circumstances of this case be also
granted to the plaintiff.
Place: Ludhiana Sd/- Plaintiff
Dated 19.1.2011 Through Counsel
Sd/- (L.D. Gupta, Advocate)”
8. In the said suit, the present petitioners were defendants No.2
to 5 and were the brothers and sisters of respondent No.1-Manmohan
Singh. A perusal of the plaint would show that it was the case of the
plaintiff that Takhat Singh, the father of the plaintiff as well as of
defendants No.2 to 5 and husband of defendant No.1 was the owner of the
property in question, as he was allotted a plot vide allotment letter dated
01.07.1969 by defendant No.6. It was further the case of the plaintiff that
CR-6414-2019 (O&M) and -7-
CR-6446-2019 (O&M)
Takhat Singh had not executed any legal Will regarding the suit property
during his life time and the plaintiff being one of the six legal heirs of
Takhat Singh was entitled to 1/6
th
share of the property and the sale deed
executed in favour of defendant No.1 alone was illegal. Para 5 of the said
plaint is reproduced herein below: -
“5.
That the deceased S. Takhat Singh did not execute
any legal WILL of this suit property in his life time and died
without executing any WILL.”
9. A joint written statement was filed by the defendants No.1 to
5, which included the petitioners who are defendants No.2 to 5. In the
entire written statement no plea with respect to any Will was raised. It is a
matter of settled law that if a party is relying upon a Will, then, specific
pleas regarding the said Will are required to be made and the onus of
proving the said Will is on the party which relies upon the said Will. The
fact that Takhat Singh was allotted the plot in question and that the
plaintiff along with defendants no.1 to 5 were the legal heirs of the said
Takhat Singh was not disputed in the pleadings. The primary defence
raised in the written statement was that all the legal heirs of Takhat Singh
had consented to the sale deed being executed in favour of defendant
No.1. Since no Will had been pleaded, thus, para 5 of the plaint was not
denied in the written statement. Para 5 of the written statement is
reproduced as under: -
“5. That para no.5 of the plaint is not denied.”
CR-6414-2019 (O&M) and -8-
CR-6446-2019 (O&M)
10. Since no Will was pleaded, thus, no issue regarding the same
was framed. Although a copy of the issues has not been annexed but
learned counsel for the petitioners during the course of arguments has
handed over a copy of the said issues which were framed vide order dated
14.09.2015 and the same is reproduced hereinbelow:-
“CS/41792/2013
Present:Sh. C.D. Gupta counsel for the plaintiff.
Sh. Sudesh Mahajan counsel for the defendants No.1 to 5.
Sh. Rajesh Kashyap counsel for the defendant No.6.
Defendant No.7 ex-parte.
Arguments not advanced. Counsel for the plaintiff requested
for adjournment. Perusal of the file reveals that the present case
has been filed by the plaintiff on 24.01.11 and the case was fixed for
consideration on the stay application on 11.02.14 and since then,
the present case is lingering on for consideration on the stay
application, which seems that there is no urgency to the plaintiff to
dispose of the stay application. Hence, the stay application is
hereby disposed of being not pressed.
Heard. From the pleading of the parties following issues are
framed:-
1 Whether the plaintiff is entitled for decree of declaration as
prayed for?OPP
2 Whether the plaintiff is entitled for decree of cancellation of
sale deed dated 10.11.09 as prayed for?OPP
3 Whether the plaintiff is entitled for decree of mandatory
injunction as prayed for?OPP
4 Whether the plaintiff is entitled for decree of possession of one
sixth share as prayed for?OPP
5 Whether the plaintiff is entitled for decree of permanent
injunction as prayed for?OPP
6 Whether the suit of the plaintiff is not maintainable?OPD
CR-6414-2019 (O&M) and -9-
CR-6446-2019 (O&M)
7 Whether the plaintiff is estoped by his act and conduct to file
the present suit?OPD
8 Whether the plaintiff has served with notice U/s 98 of the
Punjab Town Improvement Act upon defendant No.6?OPD-6
9 Whether the plaint is liable to be rejected U/o 7 rule 11
CPC?OPD-6
10 Whether the suit of the plaintiff is barred by limitation, delay
and latches?OPD-6
11 Whether no cause of action accrued to the plaintiff to file the
present suit?OPD-6
12 Relief.
No other issue arises, pressed or claimed for. Now to come
upon 3.10.15 for evidence of the plaintiff. PF/DM and list of
witnesses, if any, be filed within three days
(Rajwinder Kaur-I)
CJJD/Ldh./14.9.15”
11. It is not disputed before this Court that the plaintiff has led
his entire evidence after taking into consideration the pleadings of the
parties in which there is no averment/plea with respect to any Will set up
by the defendants, rather non-execution of the Will is an admitted fact.
Defendant No.1 during the pendency of the suit had transferred the suit
property in favour of defendants No.2 and 3. Respondent No.1/plaintiff
was thus forced to file an application for amendment to challenge the said
transfer deed also, which was allowed on 20.08.2018. The amended plaint
dated 09.09.2018 filed in pursuance of the said order has been annexed as
Annexure P-4 along with CR-6414-2019. A perusal of the same would
show that the only amendment which has been made in the plaint is with
CR-6414-2019 (O&M) and -10-
CR-6446-2019 (O&M)
respect to adding the prayer clause and para 15-A and para 15-B to the
effect that the transfer deed has been executed during the pendency of the
suit in spite of the fact that the matter was sub-judice. The petitioners
cleverly by filing the amended written statement to the amended plaint
made several changes in the amended written statement which could not
have been made. New pleas were sought to be taken and in para 5 of the
written statement, it was sought to be stated that the said para of the plaint
was denied and it was further sought to be pleaded that Takhat Singh had
executed a legal and valid Will before his death. Instead of responding to
the added paras in the amended plaint i.e. para 15-A and para 15-B, the
defendants cleverly added new pleas including the plea taken in para 5.
The said amended written statement has been annexed as Annexure P-6
along with CR-6446-2019.
12. Respondent No.1/plaintiff immediately thereafter moved an
application for deletion of the said new paras added in the amended
written statement. The said application has been annexed as Annexure P-7
along with CR-6446-2019. A perusal of the said application would show
that it had been highlighted by respondent No.1 that in pursuance of the
order dated 20.08.2018 the plaintiff had filed the amended plaint but the
petitioners had taken time to file the amended written statement and did
not file the same from 25.09.2018 to 05.12.2018 and it was only on
15.02.2019 that the said amended written statement was filed and several
new pleas were taken. The trial Court vide order dated 31.07.2019
(Annexure P-9 in CR-6446-2019) allowed the said application and
CR-6414-2019 (O&M) and -11-
CR-6446-2019 (O&M)
observed that the petitioners/defendants had made changes in the written
statement which were unwarranted and against the law and the same had
been done in spite of the fact that the petitioners themselves had on
05.09.2018 filed an application under Order 6 Rule 17 CPC for
amendment of the written statement and without waiting for an order to
be passed on the said application, much less, the said application being
allowed, the petitioner added new pleas which were not permissible. The
said order dated 31.07.2019 (Annexure P-9 in CR-6446-2019) is in
accordance with law and deserves to be upheld. It is a matter of settled
law that once an amendment in the plaint has been allowed, then, it is
only the paragraphs which were sought to be amended in the plaint to
which a response is required to be given in the amended written
statement, more so, in a case like the present case in which the sole
amendment sought by the plaintiff was to challenge the transfer deed
executed by defendant No.1 in favour of defendants No.2 to 5 during the
pendency of the suit. The said aspect could not be disputed on behalf of
the petitioners before this Court.
13. Even an application filed by the petitioners for amendment of
the written statement was dismissed vide order dated 31.07.2019
(Annexure P-7) which is subject matter of challenge in CR-6414-2019. In
the impugned order, it was observed that the petitioners were trying to
wriggle out of the admission made by the petitioners in the original
written statement, inasmuch as, in the said written statement while
responding to para 5 of the plaint the factum that no legal Will was
CR-6414-2019 (O&M) and -12-
CR-6446-2019 (O&M)
executed by Takhat Singh was not denied and the trial Court had
observed that the same could not be permitted. It was further stated that
the said application had been filed after a period of 5½ years from the
date of filing the original written statement and the trial had commenced
and had made much progress and thus, even on account of lack of due
diligence, the said amendment could not have been allowed. The said
order is in accordance with law and deserves to be upheld.
14. Additionally, it would be relevant to mention that in the
entire written statement no plea with respect to the aspect that there was
Will in favour of any of the defendants had been raised. No issue
regarding the said Will has been framed as no such plea was taken. The
plaintiff has led his entire evidence and as has been stated before this
Court he had closed his evidence in affirmative on 15.09.2017 on the
basis of the pleadings of the parties and also on the basis of fact that there
was no averment qua any Will set up by the defendants. A reading of the
pleadings of the original plaint and the original written statement would
show that the fact that Takhat Singh was the original allottee of the
property in question is not disputed and even the fact that Takhat Singh
had six legal heirs including the plaintiff/respondent No.1 and petitioners
and also the fact that there was no legal Will executed by the said Takhat
Singh is not in dispute and the primary defence raised in the written
statement to oppose the right of the plaintiff to succeed to 1/6 share of
suit property was that he was a consenting party to the sale deed made in
favour of defendant No.1. In the said circumstances, it is apparent that
CR-6414-2019 (O&M) and -13-
CR-6446-2019 (O&M)
para no.5 of the written statement which did not deny that Takhat Singh
had not executed any legal Will was in consonance with the other
averments made in the written statement. In the said circumstances, it is
apparent that the plea taken in para 5 of the written statement cannot be
remotely stated to be a typographical error and by virtue of the
amendment, the admission which was made by the petitioners which is
sought to be withdrawn, cannot be permitted, more so, once the trial has
commenced and even the plaintiff has completed his entire evidence.
With respect to averment made in para 5, this Court is of the view that the
amendment sought is not bona fide.
15. The second amendment which has been sought in the present
case is with respect to the averments made in para 9 of the written
statement. Para 9 of the original written statement is reproduced as
under:-
“9. That para no.9 of the plaint is wrong and denied. The
plaintiffs has been left with no right, title or interest in the suit
property. He himself a contesting party for the transfer of the
ownership of the property in dispute in the record of the defendant
no.6 in the name of the defendant no.1 alone.”
16. In the above-said para, it has been mentioned that the
plaintiff was himself a contesting party for the transfer of the ownership.
The petitioners want to replace the said word 'contesting party' by the
word 'consenting party'. A perusal of the entire written statement would
CR-6414-2019 (O&M) and -14-
CR-6446-2019 (O&M)
show that it was the case of the defendants that the plaintiff along with
other defendants No.2 to 5 had given consent to transfer property in
favour of defendant No.1. In the said circumstances, the plea of the
petitioners to the effect that the intention of the petitioners was to write
the word 'consenting party' in para 9 instead of 'contesting party' and the
same was a typographical error, is weighty.
17. Learned counsel for respondent No.1, who is a contesting
party, has fairly submitted that as far as the amendment in para 9 with
respect to the said word is concerned, the same could be allowed as the
said amendment is in consonance with the other averments made in the
written statement.
18. Keeping in view the above-said facts and circumstances, the
order dated 31.07.2019 (Annexure P-9), which is the subject matter of
challenge in CR-6446-2019, is upheld and CR-6446-2019 is dismissed.
However, CR-6414-2019 is partly allowed and the impugned order dated
31.07.2019 (Annexure P-7) is partly set aside, only to the limited extent
that the amendment sought to be made in para 9 to replace the word
'contesting party' with 'consenting party' is permitted. It is clarified that
no other amendment, much less, amendment sought to be made in para 5
of the written statement is allowed.
19. It is made clear that the observations made in the present
order are only for the purpose of deciding the present revision petitions in
which challenge is on the aspect of amendment of the pleadings and the
said observations should not be construed as an expression on the final
CR-6414-2019 (O&M) and -15-
CR-6446-2019 (O&M)
merits of the case and the trial Court would decide the suit independent of
the observations made in the present order, on the basis of the pleadings,
evidence and the record.
( VIKAS BAHL )
February 26, 2026 JUDGE
naresh.k
Whether reasoned/speaking? Yes
Whether reportable? Yes
Legal Notes
Add a Note....