KALAWATI Vs. BHAGWANDAS AND ORS.

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, petitioner has questioned the order dated 23/2/2015 passed by trial Court. Respondent/defendant No. 1's application under Order VI Rule 17 CPC has been allowed.

(2.) FACTS necessary for disposal of this petition are to the effect that defendant filed an application under Order VI Rule 17 CPC as well as under under Order VIII Rule 1(3) of CPC to bring on record certain relevant facts which have surfaced during the course of examination of witnesses of plaintiff inasmuch as (i) plaintiff has prepared forged death certificate of Mataprasad which does not bear the photograph of Mataprasad but one Mathuraprasad; (ii) a forged Will has been prepared allegedly executed by Late Mataprasad in favour of plaintiff; (iii) in the Voter ID card issued by Election Commission of India and produced during the examination of witnesses, it is revealed that the name of Malhari was scratched to change the name of father of plaintiff Mataprasad; and (iv) manipulated voter list was also prepared.

(3.) TRIAL Court by detailed order has held that the amendments sought to be brought on record no way cause any prejudice to the petitioner/plaintiff. Amendments were found to be relevant and deserves to be allowed on cost of Rs. 100/ -