GOPAL Vs. OM PRAKASH

JUDGEMENT

(1.) THIS writ petition has been filed by the plaintiffs Gopal and ors against the order dtd. 27.4.2013 passed by the learned Civil Judge (Junior Division) in civil suit No. 31/2013 -Gopal and ors. V/s. Om Prakash and anr. whereby he rejected the plaintiffs' application under Order 6 Rule 17 CP. C. for amendment of the plaint in a suit for injunction filed by him wherein the plaintiffs claimed the relief for cancellation of alleged Will dtd. 20.3.1966 produced by the defendant with his written statement purportedly executed by deceased Deepa in favour of defendant Om Prakash S/o. Heera Lal. The learned trial Court has rejected the said application on the ground that claiming -relief of cancellation of the will alter the character of the present suit for injunction and therefore, such amendment cannot be allowed.

(2.) THE learned counsel for the plaintiffs -petitioners, Mr. Mukesh Rajpurohit relying upon the decision of Hon'ble Supreme Court in the case of Abdul Rehman and anr. V/s Mohd. Ruldu and ors. reported in 2013 DNJ (SC) 75 submitted that such amendment can be allowed in the interest of justice.

(3.) HAVING heard the learned counsel for the parties, this Court is of the opinion that the impugned order does not require any interference by this Court and the application for amendment has rightly been dismissed as adding of a fresh cause of action for cancellation of the Will is bound to change the character of the present suit for injunction and the learned trial Court has rightly rejected the application in the present suit for injunction. However, the costs of Rs. 1000/ - imposed by the learned trial Court is made easy and the plaintiffs will not be required to pay any costs to the defendant.