ONKARLAL (DECD.) Vs. DALCHAND (DECD.)

JUDGEMENT

(1.) The petitioners/plaintiffs have filed the present petition being aggrieved by order dated 6.10.2018 whereby the application filed under Order 6 Rule 17 of C.P.C. seeking amendment in the plaint has been rejected.

(2.) Late Shri Onkarlal being the original plaintiff filed the suit for declaration and permanent injunction in respect of alleged ancestral property on 3.5.2010. The original defendants No.1 and 2 are real brothers of the plaintiff. The legal heir of defendant No.1 - Smt. Saroj Khandare filed the written statement on 3.1.2011 by submitting that she purchased half portion of the suit house vide registered sale-deed dated 14.3.2007 and since then she is in possession thereof. Defendant No.3 also filed the written statement by submitting that defendant No.1 through power of attorney holder Saroj Khandare sold the suit house to him vide registered sale-deed dated 27.2.2007 and since then he is exclusive owner thereof.

(3.) Thereafter, learned trial Court framed the issues for adjudication. The plaintiff filed an application under Order 6 Rule 17 of C.P.C. on 25.2.2013 seeking amendment in the plaint challenging the validity of Will of Rampyaribai dated 20.12.1996, validity of the sale-deeds dated 27.2.2007 and 14.3.2007 and also the lease-deed dated 12.1.2009.