RAJ BAHADUR RAJORIA Vs. LAL CHAND RAJORIA

JUDGEMENT

(1.) The instant writ petition has been filed by the plaintiff / petitioner under Article 227 of the Constitution of India challenging the order dtd. 3/5/2016 passed by the Court of Addl. District & Sessions Judge No.6, Jaipur Metropolitan (for short 'the trial court'), in Civil Suit No.58/2014, Raj Bahadur Rajoriya v. Lalchand Rajoriya & Ors., whereby disposed of both the applications filed by the plaintiff/ petitioner under Order XIV Rule 5 read with Sec. 151 CPC and the another application filed by the defendant No.3 seeking amendment to discharge the defendant No.3 from proving the issues No.2 and 3. The plaintiff/ petitioner has also challenged the order dtd. 26/9/2016 passed by the trial court by which the review application filed by the plaintiff/defendant in regard to reviewing the order dtd. 3/5/2016 was also dismissed.

(2.) The facts related to the issue involved in the matter are that the plaintiff/ petitioner filed a civil suit for recovery and permanent injunction before the trial court stating that the plaintiff and the defendants No.1 to 5 are the members of the Joint Family and as per the Family Settlement dtd. 15/10/1995, there was a settlement of division of the property of the family as per the Memorandum of Family Settlement dtd. 14/12/1995. In the plaint the details of the settlement and the issues of the disputes between the plaintiff and the defendants were mentioned.

(3.) The defendants No.1,2,3 and 6 filed their written statements separately.