LAWS(DLH)-1999-5-63

KESHO LAL KAPUR Vs. VINOD KUMAR

Decided On May 25, 1999
KESHO LAL KAPUR Appellant
V/S
VINOD KUMAR Respondents

JUDGEMENT

(1.) By this tommon order, I propose to dispose of the applications registered as LA.Nos. 10553/1998 and 2003/1999.

(2.) I.A. No.10553/1998 was registered on the basis of an application filed by the defendants under Order 12 Rule 6 Civil Procedure Code praying for a passing of a preliminary decree for partition in view of admissions of both the plaintiffs and also of the defendants that plaintiff No.l and defendant No.l have one-third share each in the suit premises and that plaintiffs No.2 and 3 have one-sixth share each in the two suit properties. In the aforesaid application, it is also prayed that a Local Commissioner be appointed for suggesting mode and manner of partition of the suit properties on the basis of the share of the partics.

(3.) Subsequent thereto, another application was filed by the plaintiffs registered as I.A.No.2003/1999 under order 6 Rule 17 Civil Procedure Code read with Section 22 of the Specific Relief Act, seeking for amendment of the plaint.