SHEELA SURESH NIMKAR Vs. VILAS VISHNU CHANSARKAR

JUDGEMENT

(1.) Petitioner's application under Order 6 Rule 17 Civil Procedure Code ("CPC" for short) has been rejected by the Joint Civil Judge Senior Division, Pune on 10th June, 2015 having found, that the plaintiff was just seeking to amplify and reproduce pleadings in the plaint and amendment proposed was not necessary for the purpose of determining the question in controversy. It is against the order dated 10th June, 2015 the plaintiff in Special Civil Suit No. 1281 of 2014 have filed petition under Article 227 of the Constitution of India.

(2.) Indisputably, the plaintiff sold the suit flat to her parents by registered sale-deed dated 5th June, 2006 for consideration of Rs.14,00,000/- and it is her case that parents had agreed to execute deed of reconveyance on demise of any of them. She relied on one of the Clauses in the sale-deed. It is the plaintiff's case that, her mother died on 13th November, 2010 and father on 23rd July, 2014.

(3.) Upon reading the averments in paras-4, 6 and 10, it is very certain that the plaintiff was aware of the fact that her father had executed a Will in favour of defendant-her brother. In para no.6 of the plaint, she says