RAJSHREE TIWARI Vs. SARJU BAI

JUDGEMENT

(1.) WITH the consent of parties, the matter is heard finally.

(2.) IN this writ petition under Article 227 of the Constitution of India the petitioner has assailed the validity of the order dated 06.4.2011 passed by trial Court by which the application for amendment of the plaint has been allowed.

(3.) FACTS giving rise to filing of the writ petition, briefly stated, are that the respondent No. 1 filed the suit, inter alia, on the ground that the defendant No. 1 is the wife of her cousin and defendants No. 2 and 3 are sons of Radheshyam who was husband of defendant No. 1. It was further pleaded that father of plaintiff, namely, Laxman Prasad from his own earnings acquired the land admeasuring 12.12 acres. However, Radheshyam got his name mutated in respect of the land admeasuring 2.452 hectares. Accordingly, the plaintiff filed the suit seeking the relief of declaration and injunction.