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2017 Supreme(Kar) 800

ARAVIND KUMAR
Bharat Bhushan Narang – Appellant
Versus
Ashok Kumar Manchanda – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Dhyan Chinnappa, Arun Kumar
For the Respondents: S.S. Naganand, Vikram

JUDGMENT :

Aravind Kumar, J.

1. Defendants 5 to 9 in O.S. No. 5053 of 1990 being aggrieved by order dated 1-2-2017 allowing the application filed by the plaintiff under Order 6, Rule 17 of Civil Procedure Code, 1908 to amend the plaint are before this Court.

2. Parties are referred to as per their rank in the Trial Court.

3. Plaintiff has instituted the suit in question i.e., O.S. No. 5053 of 1990 for the relief of partition and separate possession of suit properties as described in Schedule A and Schedule B of the plaint and claiming share of ¼th and 5/12th respectively. Prayer for declaring the Will dated 22-1-1988 said to have been executed by the father of plaintiff and defendants 1 and 3 is also sought on the ground that it is a forged document. When the matter was at the stage of final arguments, an application under Order 6, Rule 17 of CPC came to be filed by the plaintiff seeking amendment of plaint and Trial Court by order dated 1-2-2017-Annexure-A has allowed the application. Being aggrieved by the same, defendants 5 to 9 are before this Court.

4. I have heard the arguments of Sri Dhyan Chinnappa and Sri S.S. Naganand, learned Senior Advocates appearing for the parties.

5. Noti

















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