IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7289 of 2010 Date of Decision 13.01.2011 Suresh Kumar ...... Petitioner VERSUS Smt.Ramesh Gupta and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Rajinder Goel, Advocate, for the petitioner. ***** A.N.JINDAL, J: The petitioner-defendant (herein referred as 'the petitioner') has sought invocation of the powers under Article 227 of the Constitution of India for setting aside the order dated 07.10.2010 (Annexure P-5), passed by the Civil Judge (Junior Division), Pehowa, dismissing his application under Order 6 Rule 17 CPC for amendment of the written statement. The petitioner has already pleaded that his mother was the co- sharer in the suit property. Now he says that his mother had executed a release deed qua the land measuring 4 kanal 8 marlas out of the suit land, therefore, he has become co-sharer in the said property. Since the petitioner steps into the shoes of his mother, therefore, no further amendment is required. Faced with the situation, learned counsel has stated that there is an issue with regard to possession qua which he is to lead evidence. It is observed that the petitioner could lead any evidence in order to show that the land was joint of the parties. He has stated at bar that the defendants have yet to lead evidence and their evidence has not been closed. Dismissed. (A.N.Jindal) Judge 13.01.2011 mamta-II