JAGDISH PRASAD Vs. BRAHMA LAL

JUDGEMENT

(1.) With the consent of the learned counsels for the parties, the writ petition is decided finally at the admission stage.

(2.) The petitioner-plaintiff has filed the present writ petition under Article 226 and 227 of the Constitution of India challenging the order dated 25.5.13 passed by the Addl. District Judge No.1, Beawar, District Ajmer (hereinafter referred to as 'the trial court') in Civil Suit No. 57/11, whereby the trial court has dismissed the application of the petitioner-plaintiff seeking second amendment under Order VI Rule 17 of CPC.

(3.) The facts in nutshell giving rise to the present petition are that the petitioner-plaintiff has filed the suit seeking partition, declaration and injunction in respect of the suit property. It may be noted that the respondent No.1 happens to be the brother and respondent Nos. 2 and 3 happen to be the sisters of the petitioners. The respondent No.4 Ladu Ram though was party-defendant in the suit, had expired during the pendency of the suit on 1.12.11. On the death of Shri Ladu Ram, the petitioner submitted an application seeking amendment in the plaint for his 1/4th share in the suit property. The said amendment application was allowed by the trial court vide order dated 4.3.13, and on the same day, the petitioner submitted another application seeking amendment in the suit claiming 1/2 share in the suit property. The said second amendment application has been rejected by the trial court by the impugned order, against which the present writ petition has been filed.