PREM SINGH Vs. SAVITRI DEVI

JUDGEMENT

(1.) The instant writ petition is directed against the order dated 6/10/2004 passed by the Civil Judge (Sr. Division), Dholpur whereby the written statement dated 26/5/2004 along with counter-claim filed by legal representatives Nos. 2/1 to 2/5 of deceased-defendant No. 2 Prem Singh has not been taken on record on the objection of defendant No. 1 Madan Singh that the written statement has been filed by deceased-Prem Singh wherein the amendment of similar counter-claim was rejected on 25-1-2001, therefore, the legal representatives are bound by the same and they have no individual right to take inconsistent pleas by re-agitating the same.

(2.) Briefly stated the relevant facts of the case are that plaintiff-respondent No. 1 filed a civil suit for partition and possession against Madan Singh, Prem Singh and others. On the death of Prem Singh, amended suit was filed by the plaintiff and the present petitioners were also brought on record as legal representatives of deceased-Prem Singh.

(3.) A bare perusal of the contents of the writ petition would reveal that the civil suit for partition and possession was filed by plaintiff-respondent No. 1 Smt. Savitri Devi d/o late Shri Dilvar Singh Thakur, w/o Ratan Singh Negi against Madan Singh, Prem Singh and others claiming possession of 1/5th share in the property. Deceased Prem Singh in his written statement admitted 1/5th share of the plaintiff in the property but the legal representatives of the deceased have filed counter-claim seeking partition of the property.