VIKRANT SINGH & ORS Vs. WAZIR SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by the defendant nos.1 to 4 in the suit impugning the order of the trial court dated 22.03.2014 by which the trial court has dismissed the application filed by the petitioners/defendant nos.1 to 4 under Order VI Rule 17 read with Order VII Rule 14 r/w Section 151 of the Code of Civil Procedure, 1908 (CPC) for amending the written statement and also for taking additional documents on record as regards the new pleas.

(2.) Firstly I must note that since one petition cannot be filed against two different orders, at this stage, this petition as per the request made on behalf of the petitioners is treated only as a challenge to the order dated 22.03.2014 of the trial court dismissing the application of the petitioners filed under Order VI Rule 17 read with Order VII rule 14 r/w Section 151 CPC.

(3.) The subject suit is suit for partition. The respondent/plaintiff seeks partition of the suit property/ land in plot No. 18, Roshan Pura Ext., Najafgarh, Delhi on the ground that respondent/plaintiff is a co-owner with the petitioners/defendants no. 1 to 4. In the existing written statement the case of the petitioners/defendants no.1 to 4 was that the suit property was no doubt jointly purchased by respondent/plaintiff and the predecessor-ininterest of the petitioners/defendants no.1 to 4, namely Sh. Anar Singh (husband of defendant no. 4 and father of defendant nos. 1 to 3) and that the respondent/plaintiff and late Sh. Anar Singh were real brothers, but, since the suit property is already partitioned, therefore, the suit was liable to be dismissed.