C.R. No.7080 of 2010 (O&M) -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.7080 of 2010 (O&M) Date of decision:28.10.2010 Prem Singh and another ...Petitioners Versus Karam Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Suresh Goel, Advocate, for the petitioners. ***** RAKESH KUMAR JAIN, J. (ORAL) This revision petition is directed against the order dated 13.09.2010 by which an application filed by the defendants for amendment of their written statement has been dismissed. The plaintiffs have filed the suit for declaration to the effect that they along with defendants and other co-sharers are in joint possession of the suit property. The suit property is a joint Hindu family co-parcenary property of the plaintiffs and defendants as major part of the same was inherited by the defendant No.1 from his father late Radha Kishan who had further inherited it from his father Baru. Some part of the suit land was purchased in the name of defendant No.1 from the joint Hindu family funds. The defendants have alleged in the written statement that the suit property is self-acquired property of defendant No.2 and it has not been purchased from the joint Hindu family funds. Thus, the Court had found that the ancestral nature of the suit property has already been specifically denied by the defendants in their written statement, therefore, there is no C.R. No.7080 of 2010 (O&M) -2- **** occasion for the defendants to seek amendment of their written statement in order to plead that the suit property is not ancestral but it is purchased by the defendants from their own funds. Learned counsel for the petitioners states that he wanted to take the plea that the suit property was purchased by them. I am afraid that this plea is already there in the written statement as they have specifically denied the ancestral nature of the suit property. In view thereof, I do not find any merit in the present revision petition and as such, the same is hereby dismissed in limine. October 28, 2010 (RAKESH KUMAR JAIN) vinod* JUDGE