GANESH PRASAD OJHA Vs. HARIRAM JI OJHA

JUDGEMENT

(1.) The petitioner aggrieved by the order dated 14/03/2012 passed in case No. COS 50 -A/2011 by the 14th Civil Judge Class -II, Gwalior rejecting the application under Order 6 Rule 17 of Code of Civil Procedure (for short "the code") for amendment in the plaint, has filed the present writ petition under Article 227 of the Constitution of India.

(2.) The petitioner/plaintiff had instituted a civil suit for the declaration of title, permanent injunction and for cancellation of will on the ground that the disputed property ( agricultural land & residential house) is his ancestral property and the petitioner/plaintiff and the defendant No.1 & 2 have 1/3 (each) share in the property.

(3.) A written statement was filed by the defendants. The respondent No.1/ defendant admitted the plaint allegations whereas respondent No.2 to 4/defendants denied the plaint allegations claiming themselves to be the exclusive owners and in possession of the suit property. On the basis of the pleadings, the trial court framed as many as five issues and fixed the case for evidence of the plaintiff.