JUDGMENT :

Sureshwar Thakur, J.

Through OMP No. 440 of 2018, the plaintiff/applicant seeks leave of the Court, to incorporate in paragraph 12, of the initially instituted plaint, the hereinafter extracted amendments:-

“That the value of the suit for the purpose of Court fee and jurisdiction newly added joint properties detailed in para 3(a) and 3(b) of amended plaint is assessed at Rs.45,00,000/- and value of the share of plaintiff comes to 5,00,000/- thus the total value of all properties sought to be partitioned now comes to Rs.1,17,00,000/- (one Crore and Seventeen lakh) i.e. Rs.72,00,000/- + Rs.45,00,000/-=1,17,00,000/- and total value of the share of plaintiff on all properties sought to be partitioned is assessed at Rs.19,00,000/- i.e. Rs.14,00,000/- + Rs.500000/-=19,00,000/- for seeking relief of partition by metes and bounds and fixed Court fee of Rs. 98/- is payable as the plaintiff is in physical possession of one semi built shop in joint suit property, therefore, the Court fee of Rs. 98/- is affixed on the plaint for the said relief and for the second relief of rendition of accounts and seeking decree for recovery of amount to which the plaintiff is found tobe entitled on rendition of account of income joint properties from defendants is tentatively assessed to Rs.2,00,000/- of newly added properties. Thus total value of the share of the plaintiff in the income of the suit joint properties is tentatively assessed to Rs.17,00,000/- i.e. Rs.15,00,000 + Rs.200000=Rs.17,00,000/- and court fee on amount of Rs.15,00,000/- is already affixed on original plaint and on added amount of Rs.2,00,000/- shall be affixed when this application is allowed by this Hon'ble Court and any additional court fee if any is found to payable will be paid by the plaintiff on the actual amount found to be payable to the plaintiff on rendition of accounts. The value of suit for the relief of injunction is fixed Rs.130/- and court fee has been affixed on the plaint. It is clarified that the total value of the suit for the purpose of pecuniary jurisdiction in accordance with law and Punjab High Court Rules and order as applicable to this Hon'ble Court comes to 1,17,00,000/- (one crore seventeen lakhs) being total value of all joint properties sought to be partitioned and value of share of the plaintiff in income of joint properties to which he is likely to found entitled on rendition of accounts comes to Rs.17,00,000/- by adding the same to value of joint properties value of suit come for the purpose of pecuniary jurisdiction comes to Rs.1,34,00,000/- (i.e. Rs.1,17,00,000 + Rs.17,00,000 = Rs.1,34,00,000/-) Even value of the share of the plaintiff in joint properties and share of plaintiff in income pecuniary value comes to Rs.26,00,000/- (i.e. Rs.19,00,000 + Rs.17,00,000=Rs.36,00,000/-).”

2. The defendant No.4/applicant, also through OMP No. 186 of 2018, cast under the provisions of Order 7 Rule 10 and 11 of the C.P.C., seeks an order being made by this Court, for, the plaint being returned to the plaintiff, for its, being files before the Civil Court concerned, hence, holding the requisite pecuniary jurisdiction, for, trying the civil suit.

3. Both the afore OMPs are hence amenable for a common verdict being rendered thereon, hence, they are disposed, of, under a common verdict. Upon a reading of paragraph 12 of the initially instituted plaint, it is manifest, that, some o the undivided suit properties rather remaining omitted, to be pleaded therein, and, through OMP No. 440 of 2018 the plaintiff/applicant seeks leave, to, add the apt properties, detailed therein, in, paragraph 12, of, the initially instituted plaint. Even though, the afore espoused relief is grantable to the plaintiff/applicant, given the adding of all the undivided suit properties, inter-se, the contesting litigants’ rather being a dire legal necessity, (i) given all being the subject matter of the extant lis, and, also, for obviating, the attraction thereon, the mandate of Order 2