Judgment

Mr. Arun Monga, J.

Petition herein is for setting aside order dated 05.12.2022 (Annexure P-7) passed by Ld. Civil Judge (Sr. Division), Hisar, whereby an application for amendment of plaint, was dismissed.

2. Succinct facts first, as pleaded in the instant petition.

2.1. Petitioner/plaintiff filed a suit for declaration to the effect that he is owner in possession of agricultural land measuring 21 Kanals 01 Marla, being 1/6th share of total land measuring 126 Kanals 9 Marlas, situated at Village Barwala, Tehsil Barwala, District Hisar and is also owner in possession of 1/6th share in respect to two plots and residential house situated at Dhani Khan Bahadur, Tehsil and District Hisar, as the property is ancestral in nature and being joint Hindu family property, petitioner/plaintiff is entitled for the said share. Further, challenge has been laid to will No.205 dated 16.03.2011 executed by deceased Phoosa Ram, on the ground that suit properties being ancestral and joint Hindu family property, the distribution of the same ought to have been in equal share and further the Will No.206 dated 16.03.2011 executed by respondent/defendant No.1 (mother of the plaintiff and defendants No