PREETPAL SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS writ petition has been filed by the plaintiff/petitioner challenging the order dated 01.11.2014 passed by the lower appellate court by which the application of the plaintiff/appellant for amendment in the plaint has been rejected.

(2.) THE fact of the case is that the plaintiff/petitioner filed a suit for perpetual injunction, where the defendants were his mother and brothers. His claim was based on the fact that his father died interstate on 17.02.2000, and therefore, the property has to be divided amongst his heirs and the respondents/defendants be restrained from interfering in the property etc.

(3.) IN defence it was stated by the defendant that father of the petitioner Late Sri Bhagwant Singh had executed a Will on 10.01.2000 prior to his death on 17.02.2000 in which he bequeathed his entire property to his wife Smt. Satwant Kaur. In other words, the petitioner has no claim on the said property, which is admittedly not an ancestral property.