RAMNIWAS & ORS. Vs. RAJARAM

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 19.10.2015 passed by the trial court, whereby the application filed by the petitioner under Order 6, Rule 17 CPC read with Sec. 151 Code of Civil Procedure has been rejected.

(2.) The petitioner-plaintiff filed a suit for cancellation of Will dated 02.05.1990 executed by Mst. Jhamku; the suit was filed on 05.07.2005; written statement was filed by the defendants on 24.01.2008 and the issues were framed on 09.04.2009. The issues pertain to the right of the plaintiff to seek cancellation of Will and whether the suit was within limitation.

(3.) Both the parties led evidence and where after, when the arguments were being heard, the present application was filed seeking to introduce para 3-A and para 14-A in the plaint.