JUDGMENT :

1. This petition has been filed under Article-227 of Constitution of India for setting aside the order dated 23.11.2021 passed by the Court of City Judge, Jammu (hereinafter to be referred to as ‘the Trial Court’) whereby the application filed by the respondent under Order-XI Rule-12 & 14 CPC had been allowed.

2. A civil suit for declaration was filed by the petitioner (hereinafter referred to as ‘plaintiff’) declaring the WILL executed by the late father of the parties namely Shri Krishan Kumar Gupta on 19.07.2019 and registered on same day before the Court of Ld. Sub-Registrar, 2nd Additional Munsiff, Jammu as illegal, inoperative, null and void, and nonest in the eyes of law; with consequential relief of permanent prohibitory injunction; and further consequential relief of mandatory injunction. The plaintiff had enclosed Annexures-A to E with the suit which were photocopies of memo of family arrangement, lease deed, business conducting agreement, Will and Family settlement.

3. Thereafter an application under Order-VI Rule-17 CPC was moved by the plaintiff along with Annexure-A to E which contains amendment of the plaint which was allowed vide order dated 24.07.2020. P