OM KUMARI Vs. KANTA KUMARI

JUDGEMENT

(1.) IN this revisional application under Article 227 of the Constitution of India, the petitioners being the defendants in Title Suit No. 81 of 2003 renumbered Title Suit No. 27 of 2012 pending in the Court of the Civil Judge, Senior Division have challenged an order dated 11th June, 2014 passed in the said Title Suit allowing the application of the plaintiff respondents for amendment of the plaint under Order 6 R.17 of the Code of Civil Procedure.

(2.) THE plaintiff respondents and the defendant petitioners are the descendants of Janaki Kumari who had married twice. The plaintiff respondents were born of the wedlock between Janaki Kumari and Jai Chand, whereas the defendant petitioners and/or their predecessors in interest were born of the wedlock between Janaki Kumari and Kishen Chand. Both Jai Chand and Kishen Chand were sons of Gulab Chand.

(3.) CHALLENGING the aforesaid order of the 1st Appellate Court, the defendants/petitioners filed a 2nd appeal whereupon a Division Bench of this Court set aside the order of the 1st Appellate Court and Trial Court and directed the Trial Court to decide the suit afresh after framing two issues i.e., the issue of whether Gulab Chand was the original owner of the suit properties and whether Gulab Chand had any son other than Kishen Chand and Jai Chand.