FAKIRIA Vs. MOJUDEEN & OTHERS

JUDGEMENT

(1.) Defendant No.1-Fakiria has filed this revision petition under Article 227 of the Constitution of India assailing order dated 17.01.2012 Annexure P-5 passed by learned Civil Judge (Junior Division), Bilaspur, District Yamuna Nagar, thereby dismissing application Annexure P-3 moved by defendant No.1-petitioner for amendment of written statement.

(2.) Respondent No.1-plaintiff Mojudeen has filed suit for partition of the suit land measuring 1 Kanal 9 Marlas against defendant No.1-petitioner and proforma respondents No.2 to 6 as defendants No.2 to 6. However, only defendant No.1 is contesting the suit whereas defendants No.2 to 6 are ex parte in the trial Court. Plaintiff in the suit claimed 1/6th share in the suit land. Defendants No.1 to 4 are real brothers whereas defendants No.5 and 6 are son and wife respectively of Telu who was also real brother of defendants No.1 to 4. Plaintiff allegedly got in exchange 1/6th share in the suit land from Meeriya, sixth brother of the defendants.

(3.) Defendant No.1, by way of amendment, sought to plead that Meeriya is also co-sharer in land of other Khasra numbers which have not been included in the suit and, therefore, the suit is bad for partial preemption.