470 4 Civil Revision Noe2312 of 2011 08M10 IN THE HIGH COURT FOR THE STATES OF PUNJAB S HARYANA AT CHANDIGARH Date of Decisionl April8l 20110 1 Civil Revision Noe2312 of 2011 00SMI m t Oathedar Baba Balbir Singh Akali Petitioner 0 eee U VERSUS t5 1r Shiromani Panth Akali Budha Dal Panjwan Takhat and others 4 Respondents 2 t CORAM HONBLE MReJUSTICE MOHINDER PAL 0 Z t 1 Whether Reportersof Local papers may be allowed to see 22 the judgment 2 4 2e To be referred to the Reportersor not7 11 3 Whether the judgmentshould be reportedin the Digest7 4 2 Presentl Mr VijaySharma Advocate for the peOoner ll MOHINDER PAL Je The defendantepeUoner IS aggrieved against the order passed by the trial Court whereby the prayer of the for amendment of the suit filed by them for declaration in respectof the propertyin dispute has been allowed After hearing the iearned counsel for the petitionerand Parkash Om 2013.01.19 14: 24 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:22 I attest to the accuracy and integrity of this document 471 1 1 2 Civil Revision Noe2312 of 2011 OSMle perusingthe impugnedorder Ido not see any reason warranting interference in the impugnedorder passed by the Iearned trial Judge The trial of the suit has not yet commenced By way of amendment the piaintiffoetitioners inter alia incorporated their plea in the plaint qua ownership 8nd possessionofthe suit property by challengingthe WiII dated 11 62007 allegedly 1 r executed by Santa Singh leceasec which has been propounded 0 by the defendantpetitionerand the revenue entry on the basis of sa id Will Earlier the piaintiffspetitioners had challenged the C5 revenue record incorporated on the basis of the said Will which Z relief of course is ancillarye If the counsel for the plaintiffse Z respondentsfor one reason or the other failed to the Will 2 f in question which is the matn relief in the original piaint the sm plaintiffscannot be made to suffer especialiywhen the trial of the m suit has not as yet commenced Another amendment allowed by Z the trial Court is with regardto the factum of General Power of 1 Attorney dated 132010 having been executed during the 7 Z pendencyof the suit in favour of Baba DayalSingh throughwhom Ll the instant suit has been filed No prejudicehas been caused to the if amendment in regard thereto in the piaint has been allowed by the trial Court Resultantly this revision petition IS herebydismissed being without a ny merit 61 Il C PAL i April40 1 2011 JUDGE 1 ak 1 ry Parkash Om 2013.01.19 14: 24 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:22 I attest to the accuracy and integrity of this document