CHAMAIL SINGH Vs. KULDIP SINGH

JUDGEMENT

(1.) This is a petition under Section 104 of the Constitution of J&K against the judgment and order dated 19.08.2016, passed by the Principal District Judge, Reasi, whereby the application filed by the plaintiffs/petitioners herein under Order 8 Rule 9 of the CPC for filing a replication was rejected.

(2.) Briefly stated the material facts are as under:-

(3.) A suit for partition came to be filed by the petitioners herein. The case of the plaintiffs/petitioners as set up in the plaint was that they had a right to seek partition, inasmuch as, their father Prithi Singh was the adopted son of Late Shiv Ram, who had a share in the property sought to be partitioned. In the written statement filed, a defence was taken that Prithi Singh was never adopted by Late Shiv Ram and, therefore, the right to seek partition was questioned in that status.