MALTI DEVI Vs. GOPI CHAND

JUDGEMENT

(1.) THIS petition is directed against the order dated 25.8.2010 passed by the learned Civil Judge (Jr. Division), Court No.3, Shimla whereby plaintiffs have been permitted to amend the plaint.

(2.) BRIEFLY stated the facts of the case are that the respondents 1 to 5 (here-in-after referred to as the plaintiffs) filed a suit against Shri Meghu Ram, predecessor-in-interest of the present petitioners and Smt. Shakuntla and Rekha Devi. It was claimed that Jiwanoo Ram, predecessor-in-interest of the plaintiffs was in possession of the suit land measuring 1 bigha situate in Vikasnagar, Tehsil and District Shimla. According to the plaintiffs, Whether the reporters of local papers may be allowed to see the Judgment? Yes. Jiwanoo Ram died on 29.5.1985 but somehow mutation of inheritance was not entered in the name of the plaintiffs and now the plaintiffs had come to know that the same had been entered in the name of the defendants. According to the plaintiffs, the defendants are heirs of Anokhia Ram S/o late Shri Tulku. It was further alleged that Shri Tulku and Shri Molku, who was the father of Jiwanoo Ram, were real brothers and in a family settlement entire land was mutually partitioned and the suit land measuring 1 bigha fell to the share of Jiwanoo Ram.

(3.) THE main contention raised on behalf of the petitioners is that by means of this amendment the very nature of the suit has been changed and such amendment takes away the admission made by the plaintiffs and cannot be allowed.