CR No. 1522 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No. 1522 of 2011 (O&M) Date of Decision: 04.03.2011. Rajbir .......Petitioner Vs. Prema ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Parveen Hans, Advocate for the petitioner. ..... SABINA, J. Plaintiff Rajbir has filed a suit for declaration challenging the mutation bearing No. 1706, sanctioned on 16.1.2009 qua 1/8th share of Phoolpati. During the pendency of the suit, plaintiff moved an application for permission to amend the plaint. By way of amendment, plaintiff wanted to bring in the factum of execution of Will dated 16.2.1979 executed by deceased Megha and also wanted to challenge the mutation No. 1409 sanctioned on 20.9.1993 on the basis of said will. Vide impugned order dated 11.2.2011 the application seeking amendment of the plaint was dismissed. Hence, the present petition by the plaintiff. After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal. CR No. 1522 of 2011 (O&M) -2- The plaintiff has filed the suit in the year 2009 challenging the mutation sanctioned qua share of Phoolpati on 16.1.2009. Now by way of amendment, plaintiff also wants to challenge the mutation sanctioned on 20.9.1993 qua inheritance of Megha on the basis of Will dated 16.2.1979. Plaintiff was aware of the mutation dated 20.9.1993 at the time of filing of the suit. Hence, it cannot be said that despite due diligence plaintiff could not challenge the mutation dated 20.9.1993 at the time of filing of the suit. Moreover, the mutation sanctioned qua inheritance of deceased Megha has no connection with the validity of mutation sanctioned qua share of Phoolpati wife of Inder Singh S/o Megha. Hence, no interference by this court is called for. Dismissed. (SABINA) JUDGE March 04, 2011 Gurpreet