DEV RAJ Vs. SURINDER SINGH

JUDGEMENT

(1.) BY means of this petition, the Petitioner has challenged the order dated 7.4.2009 whereby the learned Trial Court dismissed the application filed by the Petitioner (hereinafter referred to as the ˜Plaintiff ') for amendment of the plaint.

(2.) BRIEFLY stated the facts of the case are that the Plaintiff and the Defendants No. 2 and 3 are the sons of late Sh. Lachhman Singh. Smt. Sundri Devi was their mother. Originally the Plaintiff, Dev Raj filed a suit before the learned Trial Court alleging that the suit property belonged to their mother Smt. Sundri Devi and she, in her life time, had executed a Will on 13.6.2001 in favour of the Plaintiff and the Defendants No. 2 and 3 giving the suit property to them in equal shares. However, after the death of their mother when they wanted to get the mutation attested in terms of the Will, the revenue authorities refused to attest the mutation and in fact, mutated the suit property in favour of Defendant No. 1 who is the son of Defendant No. 2 on the basis of a later Will dated 9.3.2005 executed by Smt.Sundri Devi. The second Will was challenged in the suit and challenge was also laid to the orders passed by the revenue authorities.

(3.) THE relevant portion of the application for amendment reads as follows: That late Lachhman Singh father of Applicant/Plaintiff, Defendants No. 2 and 3 during his life time had executed valid Will of his estate vide Will dated 25.7.1985 and this fact could not be mentioned in the plaint at the time of filing of suit inadvertently due to bona fide mistake and this fact has come to the notice recently after bare perusal of case file and hence the applicant/Plaintiff wants to add additional prayer of declaration in the headnote of plaint.