GIRISH RAMSHANKAR UPADHYAY Vs. ANANTRAI GIRISHBHAI UPADHYAY

JUDGEMENT

(1.) Heard.

(2.) The applicants ' original defendant Nos. 4, 9 and 10, have filed present application under Sec. 152 of the Civil Procedure Code, 1908 (hereinafter referred to as the, 'CPC'), for amendment of preliminary decree dtd. 13/10/2003, passed by the Trial Court in Special Civil Suit No. 29/1996.

(3.) Non applicant No.1 ' original plaintiff had filed a suit for partition and separate possession of house property and other properties. The Trial Court decreed the suit and granted 1/5th share each to non applicant No.1 ' Anantrai (plaintiff), non applicant no.2 ' Arvind (defendant No.1), non applicant No.3 ' Vasant (defendant No.2), non applicant No.4 ' Sharad (defendant No.3) and applicant No.1 ' Girish (Defendant No.4).