Allowed

Ashwani Kumar and Another v. Rasal Singh and Others

Punjab & Haryana HC9 Jan 2013CR/5647/2012

Case brief

AI extract

What is this about?

Allowed civil revision permitting defendant to amend written statement with adverse possession plea. Distinguished Arundhati Mishra; noted more liberal amendment approach for defendants. Rejected counter-claim prayer. Set aside impugned order.

What did the court decide?

Impugned order set aside and civil revision allowed permitting amendment of written statement for adverse possession claim and plaint for that specific claim only.

Ashwani Kumar and Another Vs Rasal Singh and… — Property and Title | Punjab & Haryana HC (2013)

¶1

CR No.5647 of 2012(O&M)

¶2

[1]

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CR No.5647 of 2012(O&M) Date of Decision: 09.01.2013

¶5

Ashwani Kumar S/o Late Rattan Chand and another.

¶6

... Petitioners

¶7

Versus

¶8

Rasal Singh S/o Kanwal Singh and others.

¶9

... Respondents

¶10

CORAM: HON'BLE MR. JUSTICE K. KANNAN

¶11

Present:Mr. A.S. Bhatti, Advocate for the petitioners.

¶12

Mr. Manuj Jhingan, Advocate, for respondents 1 to 10.

¶13

¶14

1.Whether reporters of local papers may be allowed to see the judgment? NO

¶15

2.To be referred to the reporters or not? NO

¶16

3.Whether the judgment should be reported in the digest? NO

¶17

K. KANNAN, J. (Oral)

¶18

The petition for amendment was sought on the ground that in the original pleadings, the plea of adverse possession was not taken and it was taken subsequently. According to him, there was sufficient indication in the written statement of his continuous possession for more than 12 years and a plea for adverse possession became, therefore, essential as a plea that would require to be taken as founded on earlier contention raised.

¶19

The learned counsel appearing for the respondent

¶20

[2]

¶21

CR No.5647 of 2012(O&M)

¶22

relies on the judgment of the Supreme Court in Arundhati Mishra v. Sri Ram Charitra Pande 1994(3) RRR, 146. The Court was rejecting a plea for amendment in a case where the plaintiff had filed the suit for recovery of possession within the period of limitation and a plea of adverse possession was, therefore, not possible for the defendant to make.

¶23

We are not here dealing with the situation where the plaintiff has resumed his possession within the period of limitation. The contention by defendant is that his possession has continued beyond the period of limitation. I find no reason to apply the same principle as stated in the above said case, as applicable to this case. The principle for amendment for written statement and for plaint is not the same. The Courts shall be more liberal in allowing the amendment to written statement since, a defendant could even take inconsistent pleas. No prejudice could be said to be caused to the plaintiff by permitting the defendant to bring an amendment in the manner sought for. The plaintiff is at liberty to file a rejoinder to the amended written statement.

¶24

The defendant shall be permitted to amend the plaint only as regard a claim for adverse possession. As per the order already passed at the stage of admission, a prayer for counter claim shall not be pressed since it was given up at the time of admission of the case. The plaintiff shall be at liberty to file a

¶25

CR No.5647 of 2012(O&M)

¶26

[3]

¶27

rejoinder.

¶28

The impugned order is set aside and the civil revision is allowed on the above terms.

¶29

9^th January, 2013 ( K. KANNAN ) Rajan JUDGE

Ashwani Kumar and Another v. Rasal Singh and Others

Case brief

What is this about?

What did the court decide?

Ashwani Kumar and Another v. Rasal Singh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

(O&M) Goga Textiles, etc. Vs Authority Under the Payment of Wages Act, Panipat etc.

Jagtar Singh Vs National Insurance Company Ltd.

(O&M) Gian Chand Vs Union of India & Anothers

Surjit Singh Vs Poonam Rani

(O&M) Virinder Kumar Aggarwal Vs Gurmeet Singh

Surjit Singh Munder Vs Kewal Singh Brar