LAWS(P&H)-2017-9-125

RAM PARSHAD Vs. RATTAN LAL

Decided On September 18, 2017
RAM PARSHAD Appellant
V/S
RATTAN LAL Respondents

JUDGEMENT

(1.) Petitioner has come in revision against the order dated 22.07.2015 (Annexure P-6), passed by the learned Civil Judge (Jr. Division), Hisar whereby his application under Order 6, Rule 17 CPC for amendment in the written statement has been dismissed.

(2.) Plaintiff-respondent No. 1 son of late Smt. Lakhpati Devi wife of Shri Suraj Bhan filed a civil suit on 20.03.2010 for separate possession of 1/2 share by way of partition with respect to the property as detailed in the plaint and the consequential relief of permanent prohibitory injunction restraining the defendants from alienating specific portion of the above-property without partition or exceeding their 1/2 share.

(3.) The partition proceedings pertains to the legal heirs of Smt. Lakhpati Devi wife of Suraj Bhan and Savita wife of Sh. Ram Singh as they had jointly purchased the property, vide registered sale deed No. 887 dated 27.08.1957, to the extent 1/2 share of each. After their death, the plaintiff and performa respondent Nos.8 to 10, 11 and 12 became owner to the extent of 1/2 share while the legal heirs of Smt. Savita became owner of the other 1/2 share in the property in dispute.