Ajay Mohan Goel, J.

1. This appeal has been filed against judgment and decree dated 27.02.2006 passed by learned Additional District Judge, Fast Track Court, Kangra at Dharamshala, in Civil Appeal No. 157-G/04/01 titled Smt. Swarna Devi Vs. Smt. Ruko & Ors., whereby the learned Appellate Court has affirmed the judgment and decree passed by learned Sub Judge First Class (1), Dehra, dated 23.10.2000 in Civil Suit No. 25 of 1988 titled Gian Chand Vs. Swarna Devi & Ors.

2. This appeal was admitted on 27.02.2007 on the following substantial question of law:-

“Whether the amendment of plaint allowed by the trial Court at the instance of the legal heirs of Gian Chand after the death of original plaintiff Gian Chand, thereby permitting them to substitute the earlier plea that the parties were governed by custom in the matter of alienation and succession by the plea that the parties are Hindus and the suit property was coparcenery property, was illegal?”

3. Gian Chand, predecessor-in-interest of the present respondents, filed a suit dated 16.01.1988 for declaration to the effect that he is owner to the extent of 1/3rd share and in joint possession of the suit land measuring 3-39-48 He