CHAMPA MAHAJAN Vs. MANJU MAMIK AND ORS.

JUDGEMENT

(1.) This petition is instituted against the order dated 29.6.2015, rendered by the learned Civil Judge (Jr. Divn.), Dalhousie, Distt. Chamba in CMA No. 57/09.

(2.) "Key facts" necessary for the adjudication of this petition are that the petitioner -plaintiff (hereinafter referred to as the plaintiff), has filed suit for specific performance of contract dated 14.9.1998 and permanent prohibitory injunction against the respondents -defendants (hereinafter referred to as the defendants). During the pendency of Civil Suit, the sole defendant expired on 23.2.2004. The ex -parte decree was passed by the trial Court on 23.7.2005. The plaintiff filed an application for setting aside the abatement and bringing on record the legal representatives of deceased defendant. The defendants challenged the order of setting aside the abatement before this Court by filing Civil Miscellaneous Petition No. 4233 of 2013. The same was dismissed vide order dated 26.8.2014. The defendants moved an application under Order 6 Rule 17 CPC for amendment of the written statement. The reply was filed by the plaintiff. The application was allowed by the learned trial Court on 29.6.2015. Hence, this petition.

(3.) It is evident from the contents of the application filed under Order 6 Rule 17 CPC vide Annexure P -1 that real sisters and brother of late Sh. Ranjeet Singh filed Civil Suit No. 80 of 2003 against him in the Court of learned Civil Judge (Jr. Divn.), Dalhousie, claiming themselves to be owners in possession of the property comprised in Kh. No. 808, 810, 811, 813 to 819 and 821, as per Will dated 16.4.1992 executed by late Smt. Kuldeep Kaur in favour of late Sh. Ranjeet Singh. The lease deed dated 7.4.1994 executed in favour of late Sh. Ranjeet Singh was also challenged.