REVASHANKAR Vs. CHANDRASWAROOP SHARMA

JUDGEMENT

(1.) The present writ petition has been preferred against the order dated 16.01.2018 passed by learned Additional District Judge No. 1, Jodhpur Metropolitan, whereby the application filed by the petitioner-defendant under Order 6 Rule 17 CPC read with Section 151 CPC was rejected.

(2.) Brief facts of the case are that, the respondent No. 1-plaintiff filed a suit for partition and permanent injunction against the petitioner-defendant which is pending before the trial court. The petitioner-defendant filed written statement denying the averments made in the plaint and submitted that the property in question is self acquired property of late Mangi Lal and during his lifetime, he executed a 'Will' dated 27.09.1999 (Annexure 3) in favour of his wife Smt. Patasi Devi and the petitioner-defendant. During the pendency of the suit, Smt. Patasi Devi (Defendant No. 1), mother of the petitioner, passed away and as such her name was deleted from the array of the defendants. Thereafter, the petitioner-defendant obtained the original 'Will' dated 01.02.2008 from one Rajendra Sharma which was duly executed by Smt. Patasi Devi (Defendant No. 1) in favour of the petitioner regarding the property in question. The petitioner-defendant, on 18.05.2017 moved an application under Order 6 Rule 17 CPC before the trial court seeking addition of averments regarding the fact that Smt. Patatsi Devi during her lifetime executed Will dated 01.02.2008 in favour of the petitioner regarding disputed property. The petitioner prayed for an amendment in the written statement by way of insertion of Para 7A after para 7 of the written statement.

(3.) The learned trial court after hearing the learned counsel for the parties, dismissed the application moved by the petitioner- defendant on the sole ground of inordinate delay vide order impugned dated 16.01.2018. Hence, the present writ petition.