SUBHAWATI Vs. LALITA

JUDGEMENT

(1.) This is a defendants' petition under Article 227 of the Constitution challenging the order, granting an amendment to the plaint by the Appellate Court.

(2.) Sadavriksha, a native of Village Digra Somali, Pargana and Tehsil Salempur, District Deoria, was twice married. He married Smt. Tetri, of whom two sons were born, Triloki and Kapildev. Smt. Tetri passed away in Sadavriksha's life time. After her demise, Sadavriksha married Smt. Lalita. Lakkhu, another son of Sadavriksha, was born of the wedlock of Sadavriksha and Smt. Lalita. Smt. Subhawati is Triloki's wife whereas Smt. Dhanmati is Kapildev's. It is between Smt. Lalita and Lakkhu on one hand and Smt. Subhawati, Smt. Dhanmati, Sadavriksha, Triloki and Kapildev on the other, that litigation erupted in the year 2005, when Sadavriksha, now deceased, executed a sale deed of his land in favour of Smt. Subhawati and Smt. Dhanmati.

(3.) Smt. Lalita and Lakkhu, who shall hereinafter be referred to as 'the plaintiffs' (unless the context requires individual reference), commenced action by instituting O.S. No. 333 of 2005 in the Court of the Civil Judge (Jr. Div.), Deoria, seeking cancellation of the sale deed and permanent prohibitory injunction. Smt. Subhawati, Smt. Dhanmati, the two vendees were arrayed as the defendants first set to the suit, Sadavriksha, the vendor was arrayed as the defendant second set and Triloki and Kapildev, husbands of the two vendees and sons of Sadavriksha, were arrayed as the defendants third set.