SHOBHA AND ANOTHER Vs. KUMAR SANJAY AND OTHERS

JUDGEMENT

(1.) This plaintiffs' revision is directed against the order dated November 16, 2011 passed by Additional Civil Judge (Senior Division), Kurukshetra, whereby application filed by the plaintiffs under Order 6 Rule 17 of Code of Civil Procedure (for short "the application") to amend the plaint was dismissed.

(2.) The plaintiff filed a suit for declaration and partition of the property, mentioned in head note of the plaint. The property originally belonged to one Bal Kishan, who died on April 17, 2007. Bal Kishan had a son named Aprajit, who pre-deceased him. Petitioner Shobha plaintiff is widow of Aprajit and Shakuntala defendant No.3 is widow of Bal Kishan. Shobha claimed the inheritence of the property being the widow of Aprajit. Shakuntala filed written statement averring that she was owner in possession of the property in view of the Will executed by Bal Kishan in her favour on April 10, 1989 and the mutation No.617 was accordingly sanctioned in her favour.

(3.) Taking into consideration the averments of defendant No.3 that she became the owner of the suit property by way of Will dated April 10, 1989, the petitioner filed an application to amend the plaint seeking to add paragraph No.14-A, which reads as under:-