RATTAN SINGH Vs. SAVITA

JUDGEMENT

(1.) In the present civil revision petition, the challenge is to the order dtd. 7/12/2018 passed by the Civil Judge (Jr. Division), Bhiwani by which, the application of the petitioners under Order 6 Rule 17 read with Sec. 151 of the CPC for amendment of the plaint has been dismissed.

(2.) Learned counsel for the petitioners argues that the civil suit was filed by the petitioners-plaintiffs challenging the transfer of the land in favour of the respondents-defendants by the mother of the parties by way of sale deed. At the time of the filing of the civil suit, the mother of the parties was alive and was arrayed as defendant in the suit. Learned counsel for the petitioners submits that though in the written statement, it was mentioned that the mother had executed a Will but no date and time of the said Will was mentioned in the reply and even otherwise, as the mother i.e. executant of the Will was alive at the time of filing of the suit as well as written statement, the alleged Will was of no consequences as the Will could have been changed at any given point of time before death. Learned counsel for the petitioners further submits that only during the leading of the evidence, and that too after the death of the executant i.e. the mother, the factum of the Will along with date and contents was brought on record which necessitated the challenging of the said Will by amendment.

(3.) Learned counsel for the petitioners argues that the said application has been dismissed by the trial Court by the impugned order dtd. 7/2/2018 only on the ground that once the objection of Will was already taken in the written statement, the amendment is only to fill the lacuna, which cannot be allowed.