KRISHNA PRASAD Vs. GHAN SHYAM GUPTA

JUDGEMENT

(1.) THE orders challenged in these Civil Revisions have been passed in the same suit (Title Suit No. 42 of 1985) and as such they have been heard together and are being disposed of by this common order.

(2.) SAME set of defendants are petitioners in both the cases. Civil Revision No. 595/2001 has been filed against the order dated 19.12.2000, whereas, Civil Revision No. 723/2001 has been filed against the order dated 16.1.2001. By both the orders, amendments as sought for by the plaintiff - opposite parties in the plaint of Title Suit No. 42 of 1985, have been allowed after passing of the preliminary decree and the matter is pending for preparation of the final decree.

(3.) ON 7.11.2000, the plaintiffs filed an application under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as 'the Code ') for amendment of the plaint. It was stated in the said petition that the plaintiffs are the junior members of the family and some of the lands acquired from the joint family fund were left out in the plaint. The acquisitions were made before the institution of the suit and they were standing in the name of Kamaldeo Prasad (father of the plaintiffs), Sri Ayodhya Prasad (grand father and common ancestor) and Rajesh Kumar (defendant -petitioner no.2 herein). The defendant -petitioners filed rejoinder to the said petition, wherein they stated that the plaintiffs have also left out certain joint family properties. It is further stated that the properties, which the plaintiffs wanted to be added by way of the amendment in the plaint, are self acquisition of the defendants. They also raised objection that after passing of the preliminary decree and before preparation of the final decree, the court below after having considered the matter by order dated 19.12.2000 allowed the amendment petition, against which Civil Revision No. 595 of 2001 has been filed.