DHURV CHAND Vs. LAL BABU

JUDGEMENT

(1.) Heard Shri Syed Irfan Ali, learned counsel holding brief of Shri Devendra Kumar Singh, learned counsel for the petitioner and Shri Ashwani Kumar Mishra, learned counsel appearing for the respondent no. 4.

(2.) By this petition, challenge has been made to the order dtd. 20/9/2021 in F.D. Case No. 1195 of 1981 (Shyam Lal and others Vs. Mishri Lal and others) passed by the Civil Judge (Junior Division), Gorakhpur, whereby an application filed by the petitioner bearing Paper No. 256A2 seeking amendment in the application 4C for making of the final decree has been rejected. Also under challenge is the order dtd. 14/2/2023 passed in Civil Revision No. 45 of 2021 (Smt. Kusum Sharma Vs. Smt. Kamla Devi and others) by the Additional District Judge, Court No. 3, Gorakhpur, whereby, the revision filed by the petitioner against the aforesaid order dtd. 20/9/2021, has been dismissed.

(3.) The contention of the learned counsel for the petitioner is that a preliminary decree pursuant to a judgment in a suit for partition was made in which, the respective shares of the co-owners was held to be 1/6th each of the suit property. It is stated that thereafter some of the co-owners died and by the application no. 256A2, an amendment was sought in the application seeking preparation of final decree that the shares of the applicants be re-allocated inasmuch as some of the co-owners have died issue-less. It is stated that the Civil Judge (Junior Division) in its order dtd. 20/9/2021 had rejected the application observing that it will create complications in the matter. It is contended that the revisional court has also misdirected itself in rejecting the revision on the same ground.