MATHIA Vs. PREM LAL

JUDGEMENT

(1.) The Petitioner is challenging the order passed by the Senior Sub-Judge, Bilaspur dated 18th June, 1991 allowing Defendants 1 and 2 to file an amended written statement.

(2.) The Plaintiff Mr. Prem Lal, who is Respondent No. 1, filed a suit against his father Mr. Ram Ditta, his brother Mr. Roshan Lal, Respondents 2 and 3 and Mr. Mathia, the non-occupancy tenant under Mr. Ram Ditta. The suit was for a declaration that the suit property is ancestral and the Plaintiff and his father and brother, Defendants 1 and 2 are coparceners and members of a Joint Hindu Family, Jointly in possession. He averred that his father was transferring the property in favour of his brother Mr. Roshan Lal and as such he was not bound by such unauthorised transfers. He also prayed for a permanent injunction restraining the Defendants including Defendant No. 3 Mr. Mathia (the Petitioner herein) from interfering in any manner in the joint possession of the Plaintiff in the house/plot and land.

(3.) The suit was filed on 24th/27th October, 1988. On 6th January, 1990, all three Defendants, that is the father Mr. Ram Ditta, the brother Mr. Roshan Lal and the present Petitioner Mr. Mathia gave a power of attorney to Mr. S. Ahluwalia, Advocate. On the same date, an application was moved under Order 6, Rule 5, Code of Civil Procedure for better particulars The said application has been signed by Mr. Roshan Lal on behalf of the Defendants. Thereafter a joint written statement signed by all three Defendants was filed on 4th August, 1990. In paragraph 5 of the said written statement it is averred as follows: