LAGNU Vs. SURMI

JUDGEMENT

(1.) This revision petition arises out of an order passed by the Subordinate Judge, Theog, disallowing an application for amendment of the plaint under Order 6, Rule 17, Civil P. Code. The petitioners filed a suit, in the first instance, against Mt. Surmi, respondent 1, in the Court of the Subordinate Judge, Theog, claiming that, as reversioners of Bairagi, deceased husband of Surmi, they were entitled to succeed to the ancestral properties left by Bairagi, after the death of Mt. Surmi. They alleged that Mt. Surmi was intending to alienate the aforesaid properties in favour of her daughter, Mt. Bishni. They, therefore, sought a declaration to the effect that they were the reversioners of Bairagi and were entitled to succeed to the ancestral properties on the death of Mt. Surmi. They further prayed for a perpetual injunction restraining Mt. Surmi from alienating the aforesaid properties.

(2.) The suit was contested by Mt. Surmi on the ground that half the properties had been gifted by Bairagi to his daughter, Mt. Bishni, during his life-time. As regards the other half, she denied that she intended to alienate it. She further contended that the properties were not ancestral qua the plaintiffs. At the request of the plaintiffs, Mt. Bishni was impleaded as defendant 2. Subsequently, an application under Order 6, Rule 17 was put in by plaintiffs' counsel seeking permission to amend the plaint in such a way as

(3.) I have heard learned counsel for the parties and, in my opinion, no case is made out for interference in revision. Learned counsel for the respondents argued that the revision petition was not maintainable and cited--'Mt. Suraj Pali v. Ariya Pretinidhi Sabha', AIR 1936 All 686 (FB) (A), where a Pull Bench of that High Court held that: