Kahilan and Another v. Sinder Singh and Another
Case brief
What is this about?
CR-1739-2025, High Court of Punjab & Haryana at Chandigarh, Vikas Bahl J. (oral), decided 24.03.2025. Article 227 civil revision concerning amendment of written statement via second Order 6 Rule 17 CPC r/w Section 151 CPC application allowed on 03.01.2025 by Addl. Civil Judge (Sr.Div.), Dhuri. Key point: trial court's prima facie 'co-owner' observation treated as non-binding/not an estoppel; all questions to be decided independently after full evidence. Outcome: disposed by upholding the amendment order. Precedent relied upon: Rajesh Kumar Aggarwal v. K.K. Modi, (2006) 4 SCC 385.
What did the court decide?
Revision petition disposed of with the order dated 03.01.2025 upheld, together with the observation that all questions, including whether defendant no.1 is a co-owner, are to be finally decided by the trial court independently of that order after considering the evidence and documents produced by both parties.