JUNI AND ANOTHER Vs. SUMAN DEVI AND OTHERS

JUDGEMENT

(1.) IN this revision petition filed by the plaintiffs under Article 227 of the Constitution of India, challenge is to order dated 29.5.2012 Annexure P/7 passed by the trial court thereby dismissing application Annexure P/2 filed by the plaintiffs for amendment of their plaint Annexure P/1. Admittedly, the plaintiffs are daughters of Ram Kishan (since deceased) from his first wife Sukhdevi proforma respondent no. 5. Plaintiffs have alleged that Bhagat Singh (since deceased -predecessor of respondents no. 1 to 3) and Jagat Singh defendant no. 4 are sons of Ram Kishan from his second wife Birmati with whom Ram Kishan married during life time of his first wife.

(2.) IN the amendment application, the plaintiffs alleged that on 5.8.2011, they have come to know that in fact second wife of Ram Kishan was Ram Rati daughter of Man Singh and inheritance mutation of Man Singh was sanctioned in favour of Bhagat Singh and Jagat Singh also, being sons of his pre -deceased daughter Ram Rati. Accordingly in different paragraphs of the plaint, name of Birmati is sought to be substituted as 'Ram Rati daughter of Man Singh resident of Shahpur', by amendment of plaint.

(3.) LEARNED trial court vide impugned order Annexure P/7 has dismissed amendment application Annexure P/2 filed by the plaintiffs who have, therefore, filed this revision petition to assail the said order.