Bhagat Piara Singh (Deceased) through His Lr Baba Jagtar Singh v. Subash Chander Singh & Ors.
Case brief
What is this about?
Punjab and Haryana High Court, Chandigarh; CR No.389 of 2017 (O&M); Justice Pankaj Jain; decided 11.03.2025; plaintiff-side legal representative seeks amendment of plaint under Order VI Rule 17 CPC after commencement of trial; impleadment earlier secured under Order XXIII Rule 3 CPC; claim rests on Will dated 04.09.2011 executed by Bhagat Piara Singh; Trial Court (Additional Civil Judge (Senior Division), Baba Bakala Sahib, Amritsar) rejected amendment for want of diligence; Court held amendment necessary to determine real question in controversy and to reduce multiplicity of litigation; impugned order set aside; revision petition allowed; suits/pleading-amendment/diligence-at-evidence-stage relevance.
What did the court decide?
Revision petition allowed; impugned Trial Court order rejecting the amendment application set aside, permitting amendment of the plaint under Order VI Rule 17 CPC (headnote, relief clause and addition of Para No.12A).