SHANTIBAI Vs. GANPAT RAO GUJAR

JUDGEMENT

(1.) This Letters Patent Appeal is directed against an order passed by a learned Single Judge of this Court whereunder, while keeping a regular first appeal filed under section 96 of the Civil Procedure Code, 1908, pending, after allowing an amendment in the plaint on the application filed by the cross -objector - plaintiff, the trial Court has been directed to frame' additional issues arising on the amended pleadings and remit its findings to this Court within a period of four months.

(2.) FEELING aggrieved by the aforesaid judgment and order passed by the learned Single Judge, the defendants have now come up in Letters Patent Appeal praying for setting aside of the impugned judgment with a direction to the learned Single Judge to decide the appeal on merits.

(3.) IN the present case, during the pendency of the first appeal, an application seeking amendments in the plaint had been filed by the cross -objector, plaintiff on 11.1.1995. In this application" the plaintiff had prayed for several amendments in the plaint asserting that his predecessor -in -interest, Babaji Rao Gujar was a Jagirdar in the Gwalior State and was also a 'Sardar, Muafidar and Siledar'. It was also asserted that the succession to the rights of Babaji Rao Gujar were regulated by the Qawaid Jagirdaran, Samvat 1970 and the plaintiff was entitled to the succession in view of the right of primogeniture to the exclusion of the defendants. It was also asserted that the properties in suit detailed in the schedule 'Aa, Ba, Sa' were the properties of Jagir grant which had been received by his predecessors -in -interest. It was claimed that in view of the right of primogeniture, the plaintiff alone was entitled to succeed to them as a sole owner to the exclusion of the other defendants. Another plea in regard to the property in dispute being impartible and on its basis a claim of sole ownership to the exclusion of the defendant~ on the strength of the rule of primogeniture was also set up. The plaintiff also set up a case to the effect that the plaintiff and the defendants had the status of Jagirdars and were the successors -in -interest of Babaji Rao Gujar who was a 'Jagirdar, Sardar, Muafidar and Siledar'.