The principle of dominus litis allows the plaintiff to define the scope of the suit, and any alteration by the defendant through additional issues is not permissible.

ORDER

1. Since common questions of facts and law are involved in both these writ petitions, therefore, the same were heard together and are disposed of by this common order.

2. These petitions have been filed challenging the order dated 22.01.2021 (in SBCWP No.2890/2021) and the order dated 21.08.2019 (in SBCWP No.2147/2021) passed by the learned Additional District Judge, Churu in Civil Original Suit No.37/2004 (23/1999). SBCWP No.2890/2021 has been filed with the following prayers:-

"(a) The impugned order dated 22.01.2021 (Annex.7) passed by learned Additional District Judge, Churu in civil original suit no.37/2004 (23/1999) may kindly be quashed set aside so as to dismiss the respondent/plaintiff's application in toto.

(b) Any other order or direction which the Hon'ble Court feels appropriate in favour of the petitioners in light of justice, equity and good conscience may also be passed."

SBCWP No.2147/2021 has been filed with the following prayers:-

"(A) The impugn order dated 21.08.2019 (Annexure-6) passed by the Court of Additional District & Sessions Judge, Chutu in Sessions Case no.23/1999 (26/2008) be quashed and set aside; and

(B) The Application of the non-petitioner No.1 (Annexure-4) may kindly be dismissed with costs throughout; and

(C) That without prejudice to the aforementioned, if the Hon'ble Court comes to the conclusion to allow the application of the Non-petitioners/uphold the impugn order Annexure-6, then the humble petitioners may be permitted to lead ocular and documentary evidence on the newly framed issue; and

(D) Any other appropriate order or direction the Hon'ble Court deems just and proper be passed in favour of the petitioner."

3. The facts of the case in brief are that plaintiffs Kanchan Devi (deceased) and Prabhat Kumar Pincha (respondents Nos.1 and 2 in SBCWP No.2890/2021 and petitioners in SBCWP No.2147/2021) (hereinafter referred to as 'the plaintiffs') filed a suit for declaration and injunction against the defendants (including Prasann Kumar, petitioner in SBCWP No.2890/2021 and respondent No.1 in SBCWP No.2147/2021) (hereinafter referred to as 'the defendant No.1). It was stated in the plaint that there is a residential haveli situated in Sardarshahar having Patta No.26 dated 13.01.1954 issued in favour of one Shri Hamir Mal S/o Shri Sujan Mal and Shri Bheru Dan S/o Shri Hamir Mal and the same was in use and in possession of the plaintiffs and the defendants Nos.1 and 2 were having no right, title or possession over the same. It was stated in the plaint that said Shri Bheru Dan was married with plaintiff Smt. Kanchan Devi (deceased) and out of their wedlock a daughter Smt. Indu Rani and a son Balisht Kumar were born. Shri Balisht Kumar died on 09.02.1968. Therefore, plaintiff Smt. Kanchan Devi adopted plaintiff Prabhat (son of her daughter Smt. Indu Rani) as per the Hindu rites and customs. It was alleged in the plaint that the said haveli was in the joint names of Shri Hamir Mal and Shri Bheru Dan and upon death of Shri Bheru Dan, who expired on 03.03.1957, plaintiff Smt. Kanchan Devi succeeded the share of Shri Bheru Dan in the haveli as per the provisions of Hindu Succession Act, 1956.

4. It was further alleged in the plaint that Shri Hamir Mal transferred his share during his lifetime by executing a Tamleeknama dated 17.03.1966 in favour of his wife Smt. Laxmi Devi Pincha and Shri Balishth Kumar Pincha. However, the Tamleeknama, executed by Shri Hamir Mal, was in respect of of the entire property, whereas Shri Bheru Dan had half share in the said property and, therefore, on account of his death, his share vested in the plaintiff Smt. Kanchan Devi and since Smt. Laxmi Devi Pincha (w/o Shri Hamir Mal) died intestate, therefore, after her death (on 17.01.1977) the property devolved upon the Class I heirs. It was also alleged that the defendants and son-in-laws, namely, Chandamal Baid and Deepchand Nahta, in conspiracy, got executed a 'Will' on 16.07.1998 by Shri Hamir Mal, without his will and cons