SHAMIM UI HASAN Vs. NADEEM AND ANR.

JUDGEMENT

(1.) Heard Sri M.A. Qadeer, learned senior counsel assisted by Sri Mohd. Hisham Qadeer, learned counsel for the revisionist and Sri Lalit Kumar, learned counsel for the opposite party.

(2.) This revision has been filed against the order dated 28.4.2015 passed by the Additional District Judge, Court No. 7, Moradabad, by which revisionist's application no. 134-C filed under Order 6, Rule 17 of the Code of Civil Procedure seeking insertion/amendment of paragraph no. 21 (ka) and (kha) has been rejected.

(3.) The facts giving rise to this case are that the plaintiff (opposite party no. 1) is the son of defendant no. 1 (revisionist) and the defendant no. 2 (opposite party no. 2) is the brother of defendant no. 1. The plaintiff - opposite party no. 1 filed suit seeking declaration of the property in the suit of his own on the basis of will deed dated 18.7.1991 executed by the grandfather of the plaintiff. The aforesaid suit was filed on 30.5.2006, which was numbered as Original Suit No. 388 of 2006 (Nadeem Vs. Shamim Ul Hasan and others). The applicant (defendant no. 1/father) filed written statement on 12.10.2011 and the defendant no. 2 filed his written statement on 1.10.2009. On 26.9.2014, the revisionist-defendant no. 1 filed an application under Order 6, Rule 17 of the Code of Civil Procedure seeking following amendment in the plaint: