ASHOK ANAND Vs. RAJ RANI ANAND

JUDGEMENT

(1.) BY this order, I propose to decide the two pending applications filed by the plaintiff after passing the preliminary decree by this court with the consent of the parties. I.A. No.20543/2011 has been filed under Section 151 CPC by the plaintiff for rendition of accounts by defendants Nos.1 and 3. Second application being I.A. No.3790/2012 has been filed by the plaintiff under Order VI Rule 17 read with Section 151 CPC seeking amendment of plaint.

(2.) THE plaintiff filed the suit for partition and permanent injunction claiming 1/4th share of the properties mentioned in the plaint. The plaintiff was seeking the following prayer: -

(3.) LATER on, defendants No.1 to 3 filed the application being I.A. No.18092/2011, under Section 151 CPC for clarification of order dated 21.09.2011. It was stated in the application that the defendants ought to have brought the factum of another property, the details of which are mentioned in para -9 of the written statement, i.e. Shop in Sarafan Bazar, P.O. Hariana, District Hoshiarpur (Punjab), as well as the correction of the details of the property at Town Hariana and Village Dhaki given in the plaint. The prayer in the said application was that in the preliminary decree for partition, the said property was also required to be added, and no prejudice would be caused to the plaintiff in case, the necessary clarification is made in the order dated 21.09.2011, rather it would be for the benefit of the plaintiff as well as the defendants. Notice of this application was issued to the plaintiff. The same was allowed vide order dated 30.01.2012.