BANTA SINGH Vs. MAL SINGH AND OTHERS

JUDGEMENT

(1.) THE following pedigree -table indicates the relationship between the parties to the suit out of which this petition under section 115 of the Code of Civil Procedure has arisen: -

(2.) THE plaintiff in the suit is Mal Singh who claims to be the son of Inder Singh, brother of Banta Singh defendant No. 1. According to him, the property in dispute had been inherited by him from his father Inder Singh who, in turn, had succeeded to it from his own father Likal Singh. Amar Singh and Sohan Singh are the two contesting defendants who claim the property on the basis of a will alleged to have been executed in their favour by Inder Singh, the last male holder. During the pendency of the suit the plaintiff filed an application under rule 17 of Order VI of the Code of Civil Procedure praying for permission to amend the plaint by the addition therein of an averment -that the property in the hand of Inder Singh was ancestral qua the parties. The amendment was allowed by the trial Court on the ground that the said averment was already a part of the plaint though it was concerned in different language. The order of the Court allowing the amendment is now attacked before me in revision by Banta Singh defendant.

(3.) FOR the reasons stated, I do not find any fault with the impugned order. The petition accordingly fails and is dismissed but with no order as to costs.