RAJINDER MOHAN Vs. PURSHOTTAM LAL GOYAL AND ORS.

JUDGEMENT

(1.) Defendant No. 2 Rajinder Mohan has filed the instant revision petition under Article 227 of the Constitution of India challenging order dated 15.09.2009 (Annexure P-5) passed by learned Additional Civil Judge (Sr. Divn.), Bathinda thereby allowing application (Annexure P-3) moved by plaintiff-Respondent No. 1 Parshotam Lal Goyal under Order 6 Rule 17 read with Order 1 Rule 10 and Section 151 of the Code of Civil Procedure (CPC) for addition of parties and amendment of plaint.

(2.) Plaintiff-Respondent No. 1 and defendant No. 2- petitioner are real brothers who are sons of Banarsi Dass defendant No. 1 (since deceased) and represented by Aseem Kumar Respondent No. 3. Plaintiff filed suit seeking declaration that he has 1/3rd share in all the four suit properties. Defendant Nos.1 and 2 in the written statement raised various pleas and set up Will dated 01.08.1988 executed by Kishori Lal grandfather of plaintiff and defendant No. 2. Family settlement reduced into writing on 13.04.1989 was also set up. Previous litigation and result thereof was also pleaded. Some sale deeds executed by the plaintiff himself pursuant to family settlement were also pleaded by the defendants.

(3.) After filing of written statement, plaintiff moved application (Annexure P-3) for amendment of plaint and addition of parties. Basically, the plaintiff wants to challenge Will dated 01.08.1988 allegedly executed by Kishori Lal, judgments/decrees/orders passed in previous litigation, family settlements, a dissolution deed, sale deeds executed by the plaintiff himself and also wants to seek relief of separate possession of his 1/3rd share in the suit properties by way of partition. Various grounds to challenge the Will, judgments, decrees and orders in the previous litigation, sale deeds and family settlements etc. are also sought to be pleaded. Other persons affected by the said documents are sought to be added as parties.