KAILASH SHARMA Vs. JAGDISH LAL SHARMA

JUDGEMENT

(1.) This is an application for amendment of plaint. This suit has been filed for partition of the properties which were owned by late Pt. Bhola Nath Sharma, father of the parties to the suit. The Plaintiff has sought partition of two properties bearing No. F-105-110, Lajpat Nagar II, New Delhi. In para 3 of the plaint, it is alleged that Plaintiff is not aware of the existence of any other movable and immovable assets left by late Pt. Bhola Nath Sharma.

(2.) It is alleged in para 13 of the application that inadvertently in the prayer clause, the Plaintiff has not specifically mentioned his rights in property No. 31, Pushpa Market, Central Market, Lajpat Nagar, New Delhi-110024. He is also seeking to challenge the Will alleged to have been executed by late Pt. Bhola Nath Sharma on 8.8.1979 in respect of property No. 31, Pushpa Market, Central Market, Lajpat Nagar, New Delhi-110024.

(3.) Admittedly, the Plaintiff had earlier filed a suit for injunction in respect of property No. 31, Pushpa Market, Central Market, Lajpat Nagar, New Delhi-110024. Admittedly, in the aforesaid suit, the Defendants had set up the Will dated8.8.1979 alleged to have been executed by late Pt. Bhola Nath Sharma, father of the parties, in respect of the aforesaid property. Thereafter, the suit for injunction was withdrawn on 31.01.2008. The present suit has been filed on 25.03.2008.