MOHAN LAL GEDA Vs. GEETA MISURAYIA

JUDGEMENT

(1.) Heard Sri Apurva Hajela, learned counsel for the petitioner and Sri Om Prkash, learned counsel for the respondent No.1. Respondents No.2 to 6 are proforma respondents.

(2.) By means of this writ petition, the petitioner defendant is challenging the order of the first appellate court by means of which the application of the respondent No.1 plaintiff for amendment of the plaint filed at the appellate stage has been allowed.

(3.) The petitioner and respondents are all legal heirs of late Sri Ram Sewak Geda and there is no dispute about this fact. After the death of late Ram Sewak Geda, the respondent No.1, i.e. his daughter filed a suit for partition in the year 2005 impleading other legal heirs including the mother Ram Pyari. It was stated in the plaint that the property in question is the self acquired property of late Sri Ram Sewak Geda. She claimed 1/7th share of the total property. After framing the issues, a preliminary decree was passed on 14.02.2008 to the effect that the property in dispute shall be divided in seven equal parts and a share of which shall be given to the petitioner. Being aggrieved, all the legal heirs, i.e. the petitioner Mohan Lal Geda, Smt. Ram Pyari and Hari Shankar Geda have filed an appeal, i.e. Civil Appeal No.35 of 2008. During pendency of the appeal, the mother i.e. Ram Pyari died on 03.01.2012. As the mother had 1/7th share in the property of late Ram Sewak Geda, therefore, consequent to her death, an amendment application was filed by the respondent No.1 plaintiff at the appellate stage seeking amendment in the prayer clause of the plaint of O.S. No.296 of 2005 claiming 1/6th share in the property. Objections were filed. The aforesaid application for amendment was allowed vide order dated 17.10.2010. It is against this order, the present writ petition has been filed.