DEEPA SINGH Vs. SHARDA JOOTLA

JUDGEMENT

(1.) IA No.14304/2014 This is an application under Order VI Rule 17 CPC seeking amendment of the plaint filed by the plaintiff. The suit is filed by the plaintiff seeking a decree of partition, rendition of accounts of properties which are detailed in Annexure A to the plaint. The parties are said to be the Legal Heirs of late Shri Gurbax Singh Jootla who is said to have died intestate on 13.1.1989 leaving behind plaintiff and defendants as co -owners. Defendant No.1 is the mother of the plaintiff, defendant No.2 is the brother and defendant No.3 is the sister.

(2.) BY the present application it is stated that inadvertently and by oversight the flat at Kolkatta being 17/1C -Alipore Road, Niharika 704 Kolkatta was not added as one of the properties in Annexure A to the plaint . By the amendment the schedule is sought to be amended to add this flat as being part of the estate of late Shri Gurbax Singh Jootla.

(3.) LEARNED counsel appearing for the plaintiff has contended that the suit is only at a preliminary stage and evidence has not yet started. The plaintiff intended to mention the Calcutta property as is apparent from the title of the suit on a reading of paragraph 5 of the plaint. Hence, it is averred that the omission was only bonafide. The proposed amendment does not change the nature of the suit and the present amendment should be allowed.