PRADEEP KAPOOR Vs. LAXMI NARAIN KAPOOR

JUDGEMENT

(1.) This is a Revision under Section 115 of the Code of Code of Civil Procedure (hereinafter referred to as 'CPC'), filed by the Plaintiff in Suit No. 1048 of 1999 against the order dated 23.5.2009, passed by the Civil Judge, Senior Division, Court No. 5, Agra in Misc. Case No. 43 of 2008.

(2.) The brief facts giving rise to the present revision are that the Plaintiff filed Original Suit No. 1048 of 2009 on 24th December, 1999 seeking a declaration that he is the exclusive owner of the property No. 1/141/1, Khasra No. 515, Village Sajepur, Near Delhi Gate, Professors Colony, Hariparbat Ward, Agra. In the plaint, it was alleged that the Plaintiff formed a Joint Hindu Family with his father, Laxmi Narain Kapoor and his brother Sudheer Kapoor and various properties had been purchased by the Joint Hindu Family. The details of the properties are given in Paragraph-3 of the plaint. There was some dispute between the family members and as such a family settlement was arrived on 7.11.1999 by which various properties were given to cosharers. It appears that in the mutation proceeding, Defendant nos. 5, 3 and 4 refused to sign the application then a declaratory suit No. 1048 of 2009 was filed by the revisionist, claiming that he is the exclusive owner of the property No. 1/141/1, Khasra No. 515, Village Sajepur, Near New Delhi Road, Professors' Colony, Hariparbat Ward, Agra. Subsequently, a compromise had been arrived between the parties and an application was filed on 25th January, 2000 before the court below with the prayer that the suit be decreed in terms of the compromise. The compromise was duly verified before the court below and thereafter a decree was passed on 25th January, 2000 in terms of the said compromise. Subsequently, the Plaintiff moved an application under Section 151/152 of the Code of Code of Civil Procedure before the court below on 16.12.2008 seeking amendment in paragraph-3 of the plaint for addition of Plot No. 149 also in the same. The said application was numbered as 4-Ga. The amendment had been sought on the ground that after the decree being passed, the Plaintiff came to know that Plot No. 149 belonging to Sundervan Avas Sahkari Samit Limited, Agra was purchased by the father Laxmi Narain Kapoor, Pradeep Kapoor and Sudheer Kapoor, both brothers, jointly, by registered sale deed dated 20.10.1993 and the said plot was also subject matter of family settlement and as such given to the Plaintiff, but by an inadvertent mistake it was omitted to be mentioned in the plaint and as such it could not form part of the compromise decree. By the application, the following amendment has been sought:

(3.) On the said application, no objection had been filed by the Respondents. The said application had been rejected by the impugned order dated 23.5.2009.