Judgment :-

Harjit Singh Bedi, J.

1. This appeal is directed against the judgment of the Single Bench of the Rajasthan High Court dated 13th December 2000 whereby the order of the Civil Judge, Senior Division, Sikar dated 24th October 2000 dismissing the application under Order 6 Rule 17 of the CPC seeking to amend the plaint, has been reversed. The facts are as under:

2. On 10th October 1974, one Bhanwarlal son of Gulab Chand, the brother of the respondent herein Ratan Lal, created a trust styled as Shri Gulabchand Bhanwarlal Sethi Smriti Nidhi Pranyas Trust. The trust deed was duly registered with the Sub-Registrar, Sikar on the same day. On 27th January 1976, Ratan Lal filed a suit for partition and declaration against the trustees with respect to the property which formed a part of the trust. The Civil Judge, Senior Division framed the requisite issues on 19th August 1977 and after trial a preliminary decree was passed on 25th May 1979 holding that Ratan Lal was entitled to a half share in the property and was therefore entitled to a partition by separate possession by metes and bounds. No appeal was preferred against this decree by either party. Four of the six trustees thereaf