KRISHAN GOENKA Vs. JAYANTI PRAKASH GOENKA

JUDGEMENT

(1.) THE plaintiff-petitioner is in revision aggrieved against the order passed by the trial Court on 28.7.2009, declining the application filed by the petitioner for amendment of the plaint so as to incorporate the challenge to the family settlement reduced in writing on 29.12.1995.

(2.) THE parties are legal heirs of Nand Kishore Goenka. The plaintiff-petitioner claimed inheritance by way of succession whereas the defendant is relying upon the Will dated 20.12.1997. In the said suit, the defendant filed a written statement and apart from relying upon the aforesaid Will already propounded, the defendant also relied family settlement reduced in writing on 29.12.1995. The plaintiff has sought to amend the plaint to challenge the said family settlement dated 29.12.1995 though it is pointed out that the plaintiff made a grievance in respect of an agreement of the Year 1995 as forged and fabricated document.

(3.) A perusal of the record shows that the issues were framed on 16.2.2005, but no evidence was led by the plaintiff when the application for amendment was filed on 26.5.2008. The plaintiff has already pleaded the factum of the agreement executed in the Year 1995, as the result of fraud and misrepresentation. In fact, the plainfiff has sought to clarify the fact already stated in the plaint.