TARA DEVI Vs. PAWAN KUMAR

JUDGEMENT

(1.) Order dated 28.10.2015 passed in an application under Order 6 Rule 17 CPC registered as CMA No. 240-VI/2014 ( in C.S. No. 221/2011) by learned Civil Judge (Sr. Divn.), Lahaul & Spiti at Kullu is under challenge in this petition.

(2.) It is seen that learned trial Court, on appreciation of the facts and circumstances and taking into consideration the law laid down by this Court, has declined the permission as sought for amendment in the plaint. The petitioner (hereinafter referred to as the plaintiff) seeks following amendment in the plaint:

(3.) The suit has been filed for seeking declaration to the effect that father of the plaintiff Sh. Uttam has died intestate, leaving her behind the plaintiff alone as his legal heir and that it is she who has inherited the estate left behind by her deceased father. However, mutation No. 841 of his estate on the basis of registered "Will" dated 5.6.1984 in the name of respondent (hereinafter referred to as the defendant) is illegal, inoperative, null and void and hence not binding on her. The entries showing the defendant owner-in-possession of the suit land have also been sought to be declared illegal, null and void. As a consequential relief, the defendant has been sought to be restrained from causing any sort of interference and alienating the suit land on the basis of wrong revenue entries in any manner, whatsoever.