RAJ MOHINDER SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) By this petition, the petitioner challenges the order of the learned trial Court (Civil Judge, Junior Division, Kurukshetra), dtd. 18/3/2009, by which the application filed by respondent no.1 (plaintiff before the trial Court) under Order 6 Rule 17 CPC has been allowed.

(2.) The suit filed by the plaintiff is one seeking a declaration that the will set up by the petitioner herein, stated to have been executed by the father of the parties, is null and void etc. The petitioner and respondent no.1 are siblings, with respondents no.2 to 4 being the children of a deceased brother, respondents no.5 and 6 herein being the sisters of the petitioner, (with the status of respondent no7 qua the family not known to learned counsel for the parties, but it not being in dispute that the current issue is essentially between the petitioner and respondent no.1).

(3.) The amendment sought by respondent no.1-plaintiff is to the effect that upon the amendment in Sec. 6 of the Hindu Succession Act, 1956, having taken place w.e.f. 9/9/2005, the plaintiff has acquired a right to the suit property, it being ancestral and coparcenary property. In fact, the amendment that is sought to be made in the plaint is reproduced in the impugned order and reads as follows:-