SYED MOHAMMAD LIYLAS Vs. JAWAHIRA AND ORS.

JUDGEMENT

(1.) Composite order passed by Id. 3rd Addl. Munsiff Srinagar rejecting the applications of the petitioners filed in two separate suits seeking amendment of the plaint under Order 6 Rule 17 of Civil Procedure Code read with Section 151 of the Code. The revision petitions have been heard together and are accordingly disposed of by a common order.

(2.) Properties, whether movable or immovable, inherited or self acquired have the tendency of potential of giving rise fueds even amongst the nearest relations which in these cases are the real brothers. Failure on the part of members of the family especially the real brothers and sisters to resolve the disputes amicably resulted land in the court of the law to seek their settlement. The cases in hand are one such an example.

(3.) The plaintiff instituted two civil original suits against his brothers and sisters. One relating to settlement and redention of accounts for submission of accounts before the courts so as to enable the court to pass an appropriate decree and for declaring specific shares of the parties to the suit. The other suit was filed by the petitioner seeking partition of the suit property as also consequential relief of injunction. In both the suits the applications were filed by the petitioner seeking amendment of both the plaints. In the applications it was pleaded that the petitioner was permitted to amend the suits to include some more properties in the suits as also to seek amendment of the prayer clause of the suits. These applications were resisted by the respondents by filing objections. In the objections the contention raised by the petitioner in the applications were controverted and explanations were also tendered as to how and in which circumstances the properties sought to be introduced by filing an amended plaint infact belonged to the respondents.