1. The matter comes upon on an application for early listing of the writ petition, the same is hereby is allowed. With the consent of the parties, the matter is taken up for hearing today itself.

2. The present writ petition is directed against the order dated 24.07.2004, passed by the learned Additional District Judge, Fast Track No.2, Ajmer, whereby he had rejected a composite application filed by the plaintiff under Order 6 Rule 17 seeking amendment in the plaint and impleadment of the beneficiaries of the will.

3. The brief facts of the case are that the petitioner-plaintiff filed a suit for partition of the property of her father, namely Mr. Samual G. Paul. During the pendency of the suit proceedings, the defendant, her brother filed a written statement inter alia stating that property in question; belonging to their father, Mr. Samual G. Paul has been bequethed by him in favour of his grand children (sons and daughters of the defendant) vide a will dated 17.7.1989.

4. Coming to know of the factum of the will, the plaintiff filed a consolidated application under Order 6 Rule 17 and Order 1 Rule 10 seeking amendment in the plaint incorporating challenge to the will dated