NIRMALA DEVI Vs. VIJAY KUMAR

JUDGEMENT

(1.) Learned counsel representing the petitioner, on instructions, submits that the suit presently is at the stage of recording defendant's evidence.

(2.) The order under challenge in this petition is Annexure P-5, whereby an application under Order 6 Rule 17 of the Civil Procedure Code, filed by petitioner- defendant No. 1 for seeking amendment in the written statement, has been dismissed.

(3.) The record reveals that the subject matter of the dispute in the present lis is a house in existence over the land entered in khata No. 339, khatauni No. 531, bearing kahsra No. 953, situate in Mohal Dehra Khas, tehsil Dehra, District Kangra, H.P. The respondent-plaintiff claims that the house was constructed by Smt. Kesri Devi, the predecessor-in-interest of the parties on both sides. She executed a registered will in favour of the plaintiff and his brother Surinder Veer, predecessor-in-interest of the plaintiff on 9.6.1999 and given rooms i.e. one front room (Baithak) and the other room behind the Baithak to the plaintiff. The rest of the building comprising shop and rooms, including a balcony (Gallary)-lobby were also given to the plaintiff. His brother Surinder Veer was given that portion of the building in the backside of the Baithak, including the area of passage towards the building of one Rasila Ram, as reflected in the site plan. The parties were stated to be in possession of their respective portions of the house allotted to them by said Smt. Kesri Devi.