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2019 Supreme(Del) 1699

PRATEEK JALAN
Malvinder Singh – Appellant
Versus
Govind Ballabh Bhagat – Respondent


Advocates Appeared:
For the Petitioner:Manjula Gandhi, Bhawna, Aditya Kapoor, Advocates.
For the Respondent:Abdul Kalam, Advocate.

JUDGMENT :

1. This petition under Article 227 of the Constitution of India is directed against an order dated 27.03.2018 in CS No.10830/2016, whereby the ADJ-06, South-East, Saket Courts, New Delhi allowed the application of the plaintiffs [respondents herein] under Order VI Rule 17 of the Code of Civil Procedure, 1908 [“CPC”] for amendment of the plaint.

Facts

2. The respondents/plaintiffs in the suit are the descendants of one Khyali Ram Bhagat, plaintiff No.1 being his son [Govind Ballabh Bhagat], and plaintiff Nos. 2 to 4 being the legal heirs of his predeceased son [Late Lalit Mohan Bhagat]. The respondents herein filed the suit on 22.12.2014 in respect of a property bearing No. 572/2, Masjid Road, Bhogal, New Delhi-110014.

3. The claim in the plaint was that the plaintiffs/respondents were the descendants of Late Khyali Ram Bhagat and Late Kamla Sharma and that the plaintiff No.1 and his brother [late Lalit Mohan Bhagat] were born out of the wedlock between these two persons. It is alleged that Kamla Sharma had two sisters, namely, Vimla Sharma and Sarla Sharma. They were the daughters of one Ram Karan Das. The claim in the suit was that the suit property had been inherited by th

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