GANGESH KUMARI Vs. ARUN SAON

JUDGEMENT

(1.) Instant revision has been preferred to challenge the order impugned dated 29.5.2014, passed by the Civil Judge (Sr. Div.), Dehradun, whereby amendment application 488Ka, moved by all the plaintiffs, was allowed. Feeling aggrieved, one of the defendants Smt. Gangesh Kumari has come up before this Court.

(2.) To appreciate the merits of the sought amendments along with the order passed thereon, it is necessary to have a look on the brief description of the facts averred in the plaint as well as the relief sought therein.

(3.) Original Suit No. 959/1990 was instituted by late Kewal Sanon seeking the relief of declaration of ownership on the property disclosed in Schedule B at the last of the plaint as well as the relief of prohibitory injunction against the defendants, who are the widow and daughter of deceased Raja Raghavinder Singh, who breathed his last sometime in 1987. The relief of declaration of ownership was sought on the basis of adverse, peaceful, continuous, open and uninterrupted possession over the property, in question, and the further averment was also made in para 9 of the plaint in the following words: