MANSUKH LAL Vs. NIRMALA DEVI

JUDGEMENT

(1.) THIS revision petition has been filed by the respondents/defendants against the order dated 23.12.2013 passed by learned Civil Judge (Senior Division), Kasauli in CMA No. 234/6 of 2013 in Civil Suit No. 90/1 of 2012 whereby the application under Order 6 Rule 17 CPC read with Section 151 CPC for amendment of the plaint filed by the petitioners/plaintiffs has been allowed.

(2.) THE facts, in brief, are that a suit was filed by original plaintiff late Smt. Santosh Devi, wife of Sh. Dharam Singh claiming that she is the only daughter of Shibi Devi and further claiming that Shibi Devi is the daughter of Budh Ram and the mutation of succession of Budh Ram was sanctioned vide mutation No. 487 dated 12.9.1957 in favour of Hasnu Devi widow of Budh Ram was challenged on the ground that mutation of succession should have been sanctioned in favour of Hasnu claiming to be 1st class legal heirs of Budh Ram, as such decree of declaration was claimed declaring plaintiff to be absolute owner of the suit land and challenging Will dated 2.6.1984 executed by Hasnu Devi in the name of Rakesh Kumar, defendant No. 4 on the ground of fraud, undue influence and misrepresentation. The original plaintiff Santosh Devi died on 20.1.2013 and her legal representatives were brought on record vide order dated 1.8.2013.

(3.) THE said application was contested by the petitioners/defendants on the ground of maintainability, limitation, estoppel as by way of same application the plaintiffs want to withdraw admission made earlier in the plaint, further judgment and decree at this belated stage is not open to be challenged which is binding upon the plaintiffs claiming to be successor of Shibi Devi.