BHIKHABHAI LALLUBHAI SONAVIA Vs. NANDUBEN ALIAS REVABEN

JUDGEMENT

(1.) At the request of the learned advocates, this Civil Revision Application is heard finally.

(2.) The petitioner/original plaintiff has filed this revision under Sec. 115 of the Code of Civil Procedure against the rejection of application for amendment made on behalf of the petitioner/plaintiff under Order 6 Rule 17 of the C.P.C. below exh. 130 by the 2nd Jt.Civil Judge (S.D.), Surat in Special Civil Suit no. 15 of 1991. (The parties to the petition are hereinafter referred to as the plaintiff and the defendants).

(3.) It is the case of the plaintiff that he is the son of Lallubhai Chhibabhai who expired in the year 1976. The defendant no. 1 is his stepmother namely Revaben Nanduben. The plaintiff has filed Special Civil Suit no. 15 of 1991 in Civil Judge (S.D.)'s Court on or about 18.1.91 praying that the defendant no. 1 has only life interest in the suit properties and for permanent injunction to restrain the said defendant no. 1 from transferring or alienating the suit properties. The late father of the petitioner Lallubhai had left behind him a Will dated 8.10.75 whereby he declared that if the second wife i.e. defendant no. 1 Nanduben @ Revaben does not give birth to a male child, then this plaintiff who is the son of the first wife will become absolute and exclusive owner of the properties left behind the deceased and as the said Lallubhai died on 8.10.76 leaving behind him only the plaintiff as a male child, he has become exclusive owner of the properties subject to creation of life estate in favour of the defendant no. 1. It is the case of the plaintiff that the defendant no. 1 transferred one of the properties bearing Survey no. 387, Block No. 388 admeasuring 1 Acre 12 Gunthas in favour of the defendant no. 3 by Sale Deed dated 8.5.92. The plaintiff challenged the same by filing amendment application dated 25.4.97 to join defendant no. 3 as a party-defendant as per exh. 40 which was granted by order of the trial court dated 13.3.00.