Interim Order 11

Order Details: COPY OF ORDER
Pdf Text: 26 Civ Suit 252/24
Bhagwati Devi
Vs.
Omkar Singh
31.10.2025
Present: Sh. A.A. Khan, Ld. counsel for plaintiff.
Sh. Sachin Kaushik, Ld. counsel for defendant.
Arguments advanced at length on an application u/o
6 Rule 17 CPC.
It is submitted on behalf of applicant/plaintiff that
defendants filed WS through which, the applicant/plaintiff came
to know about the factum of so called Will in their favour which
is obviously forged and fabricated, so the plaintiff also want to
include the averment regarding aforesaid Will in her plaint so that
no fact shall be left unheard and not contended. It is further
submitted that the plaintiff has not changed/amendment in the
prayer clause so as to change the nature of suit as the mother of
defendants, she is always in possession of the property.
Per contra, it is submitted by defendant that in order
to avoid any future dispute between the LRs of deceased Sh.
Shahid Singh, he executed the Will in month of January 2024,
whereafter the defendants are absolute owner of suit property.
Perusal of record shows that the pleadings has not
been completed till date and the amendment sought by plaintiff
do not change the nature of suit. Parties are in full blood relation
to each other and having dispute over the property which they
claimed to have got inherited. There is no embargo in allowing
the present application as the opposite party is not suffering any
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loss or prejudice, if the present application is allowed and hence
the application u/o 6 Rule 17 CPC filed by plaintiff is hereby
allowed. Amended plaint taken on record.
Matter is adjourned for filing WS, if any, to
amended plaint within 30 days from today with advance copy of
the same to plaintiff against proper receiving.
It be relisted on 17.12.2025 at convenience of both
sides.
Ajay Kumar Malik
JSCC/ASCJ/G.Judge (N/E)
31.10.2025
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