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2012 Supreme(MP) 129

ALOK ARADHE
Pushpa Arora – Appellant
Versus
Anita Arora – Respondent


Advocates Appeared:
A.P. Shroti, Sanjay Agrawal

Judgment

( 1. ) SHRI A. P. Shroti, learned counsel for the petitioner. SHRI Sanjay Agrawal, learned counsel for the respondents.

( 2. ) WITH the consent of parties, the matter is heard finally. In this writ petition under Article 227 of the Constitution of India the petitioner has challenged the validity of the order dated 10-11-2011 by which the application filed by the petitioner for amendment of the plaint has been rejected. In order to appreciate the petitioner's challenge to the impugned order, few facts need mention, which are state infra.

( 3. ) THE petitioner has filed a suit seeking relief of partition. THE claim in the suit is based on the ground that the petitioner is the mother of deceased Rajeev Arora and a category-I heir. In paragraph 1 of the plaint, it has been stated that defendants No. 1 and 2 i.e. the respondents are widow and son respectively of Late Rajeev Arora. Similarly, in paragraph 9 of the plaint it is stated that the petitioner as well as respondents No. 1 and 2 are entitled to one-third share each in the property of Late Rajeev Arora. Accordingly, the relief of partition of the property has been sought. THE respondents on receipt of summons of the suit













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