JAIWANT SINGH NEGI Vs. MAN MOHAN SINGH

JUDGEMENT

(1.) This petition has been filed by the Petitioner for quashing the order dated 25-1-2010 passed by learned Addl. District Judge/Vth F.T.C. Dehradun in Original Suit No. 376 of 2000 "Man Mohan Singh v. Uma Devi". It is also prayed in the petition that amendment application (paper No. 219-c) moved by the Petitioner under Order VI, Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code of Civil Procedure) seeking amendment in his written statement for counter-claim may be allowed.

(2.) Brief facts of the case, as narrated in the petition, are that father of the Petitioner and Respondent Nos. 1, 5, 6, 7 and grandfather of Respondent Nos. 2, 3 and 4, namely Chander Singh Negi, purchased a property No. 73, Rajpur Road, Dehradun. The property consisting 33 Bigha, 14 Biswa is situated in Khasra Nos. 180 to 188 of Khata Khewat No. 15, Patti Karim Beg of Abadi, Karanpur Khas, Dehradum. Shri Chander Singh Negi died in the year 1964 leaving behind his wife Smt. Tulsi Devi, 5 sons, namely, Bir Vikram Singh (husband of Respondent No. 2 and father of Respondent Nos. 3 & 4), Sohan Singh (Respondent No. 5), Mahendra Pratap Singh (died issueless in 1992), Manmohan Singh Negi (Respondent No. 1), Jaswant Singh Negi and 5 daughters, namely, Smt. Chandra Kala Rawat (married), Smt. Savitri Devi, Smt. Shakuntala Puri (Respondent No. 6), Km. Neeta Singh (unmarried died in the year 1987) and Km. Nisha Singh (Respondent No. 7). It is further stated that late Chander Singh executed a Will on 9-11-1963 in respect of his property whereby he gave all his property to his five sons and no part of his property was given to his daughters in his immovable property except marriage expenses of his unmarried daughters. It is further stated that Mahendra Singh died unmarried in 1982, therefore entire undivided property vested in four sons. Thus, the Petitioner is co-sharer of the property having 1/4 share. The Plaintiff (Respondent No. 1 in the instant petition) and other Defendants (Respondent Nos. 2 to 7 in the instant petition) wanted to grab the portion of the property falling in the share of Petitioner, alleging that each of the heirs of late Chander Singh have l/6th share in the property. It is further asserted that on the basis of a forged Will, allegedly executed by the late Smt. Tulsi Devi and in collusion with the Plaintiff, Smt. Shakuntala (Respondent No. 6 in the instant petition) and Km. Nisha (Respondent No. 7 in the instant petition) have sold their alleged undivided l/6th share in the property to Respondent Nos. 8, 9 and 10. It is further stated that the Respondent No. 1 instituted the Original Suit No. 376 of 2000 in the Court of Civil Judge (Sr. Div.), Dehradun seeking permanent injunction against the Defendants that they may be restrained from selling any specific part of the property and also a decree for declaration of the Will dated 27-9-1987 executed by Smt. Tulsi Devi, as null and void. In the above suit, the Respondent Nos. 8, 9 and 10 moved application for their impleadment on the ground that Respondent Nos. 6 and 7 have sold their l/6th share in the aforesaid property and they were impleaded as Defendants in the above suit. The Petitioner (Defendant No. 6 in the suit) and other Defendants filed their written statement in the suit. It is stated in the petition that on 6-1-2010, the Petitioner moved an amendment application (paper No. 219-c) under Order VI, Rule 17 of Code of Civil Procedure seeking amendment in his written statement for counterclaim, to which the Defendant Nos. 8, 9 and 109 filed their objections. The learned Addl. District Judge, Dehradun vide order dated 25-1-2010 rejected the said amendment application. Hence this petition.

(3.) The Petitioner/Respondent No. 6 filed written statement on 26-8-2008. Application under Order VI Rule 17 of Code of Civil Procedure was moved by the Petitioner/Defendant No. 6 on 6-1-2010 seeking following amendments in the written statement.