RATTAN LAL AND ORS. Vs. JAIPAL AND ORS.

JUDGEMENT

(1.) THIS petition is directed against the order dated 8.3.2010 whereby the application filed by the Plaintiffs for amendment of the plaint has been allowed.

(2.) THE undisputed facts are that the Plaintiffs i.e. the sons and wife of Fithu Ram filed a suit against Fithu Ram, Rattan, Tulshi Ram brother of Fithu Ram and one Sohanu Ram. In the suit it was alleged that the Plaintiffs 1 and 2 have half share in the property and that Plaintiff No. 3 has a right of maintenance from the land of Fithu.

(3.) IT is obvious that the cause of action to file this application has arisen only after the death of Fithu. No Will of Fithu could have been challenged in his life time. Similarly, the claim of the Plaintiffs is that due to the death of Fithu their shares have increased. These amendments do not in any manner change the nature of the suit. In fact such amendments are necessary to decide the matters in controversy between the parties. Merely by allowing an amendment the claim of the Plaintiffs is not accepted to be correct. This has to be decided on the basis of the evidence led by the parties who have to prove their respective pleas but at this stage the amendment cannot be disallowed by going into the merits of the case.