P.C.MALLICK
PROVABATI KUNWAR – Appellant
Versus
KAISER KUNWAR – Respondent
( 1 ) THIS is an application for amendment of plaint in a suit for partition. The plaintiff instituted this suit impleading the husband's other co-sharers as parties. Two other defendants--Monmohanmull and Bhowarmull have been impleaded. By a deed of adoption executed by the plaintiff the defendant Monmohanmull appears to be adopted as a son of the plaintiff's husband. Bhanwarmull is the natural father of Monmohanmull. The deed is challenged and it is alleged that it is tainted with fraud. Leave under Clause 12 of the Letters Patent was obtained inasmuch as some of the properties were situate outside the jurisdiction of this court.
( 2 ) THE plaintiff's case as made in the original plaint is that she as the widow of Jitmull an admitted co-owner was entitled to one-sixth share in the joint properties. On that title the instant suit was instituted. Allegations have been made in the plaint of fraud having been committed by the defendant Bhanwarlal by reason of which, it is contended that the deed of adoption has become void. Reference bas also been made of a suit instituted by the co-sharers against herself and the defendants Monmohanmull and Bhanwarmull in the Ajm
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