KAMLO DEVI Vs. CHEENO DEVI

JUDGEMENT

(1.) The defendants in the trial Court have filed this petition with a request to quash and set aside the order dated 2.7.2015 passed by learned Civil Judge (Senior Division), Chamba, H.P. in an application under Order 6 Rule 17 CPC, registered as CMA(Civil Suit No. 90 of 2012) No. 230 of 2015.

(2.) Respondent No. 1 Smt. Cheeno Devi claims herself to be the legally wedded wife of late Shri Kesaru. Said Shri Kesaru was a Government employee and died in harness. On his death, dispute arises qua payment of retiral benefits because petitioner No. 1 Smt. Kamlo Devi (defendant No. 7 in the trial Court) also claimed herself to be the legally wedded wife of said Shri Kesaru. Therefore, respondent No. 1-plaintiff has filed the suit in the Court below for declaration to the effect that she being the legally wedded wife of late Shri Kesaru is entitled to receive the amount payable towards family pension, death cum retirement gratuity, leave encashment etc. etc. in respect of her late husband and that petitioner No. 1-defendant No. 7 has no right, title and interest to receive the same. The entries showing her being one of the legal heirs of deceased Kesaru, have also been sought to be declared as illegal, null and void and not binding upon the plaintiff and proforma defendants No. 8 to 14. During the course of proceedings in the suit, an application under Order 6 Rule 17 CPC came to be filed for seeking following amendment in the plaint:-

(3.) The application was resisted and contested by petitioner No. 1-defendant No. 7. Learned trial Court, however, has allowed the same vide order under challenge in this petition with the following observations:-