DILAWAR Vs. DES RAJ AND ORS.

JUDGEMENT

(1.) THIS petition is instituted against the order dated 3.5.2005 rendered by Additional District Judge, Ghumarwin, District Bilaspur in CA No. 244/13 of 2004/1999.

(2.) "Key facts" necessary for the adjudication of this petitioner are that the predecessor -in -interest of respondents -plaintiffs, namely Smt. Devku Devi has instituted a suit for declaration and permanent prohibitory injunction and for possession against the petitioner -defendant (hereinafter referred to as the "defendant" for convenience sake) in the Court of Senior Sub Judge, Bilaspur bearing case No. 397 -1 of 1995. The suit was decreed by the learned Senior Sub Judge, Bilaspur on 16.9.1999. Defendant filed an appeal before the learned Additional District Judge against the judgment and decree dated 16.9.1999. Smt. Devku died on 8.8.2002 and the plaintiffs were brought on record after the death of Devku Devi.

(3.) THE application was contested by the plaintiffs. According to the reply, Smt. Devku has executed a legal and valid "will" on 31.5.2000 in their favour. The "Will" was registered in the office of Sub Registrar. The will was executed by Devku in sound state of mind. The application has been filed to prolong the litigation. The amendment, thus, as sought was not necessary. The learned Additional District Judge dismissed the application on 3.5.2005.