SHRAVAN KUMAR GUPTA Vs. USHA DEVI

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder the order dated 16.05.2016 passed in Title Suit No.13 of 2013, is under challenge by which the petition filed under Order VI Rule 17 of the C.P.C. has been allowed wherein the plaintiffs have been allowed to incorporate in the plaint by making addition at paragraph-5 to the effect that "as the said properties was purchased from joint family fund of a Hindu undivided family"? and in relief No.1, in place of word "these"?, the same may be deleted and "Deeds"? may be substituted and thereafter this line may be added "and the entire property was not Partitioned properly and acquired from joint family fund"?.

(2.) Mr. J.P. Jha, learned senior counsel appearing for the petitioners has raised issue that the partition suit has been filed earlier to this suit which was decreed on compromise, thereafter one of the co-sharers has disposed of the property in favour of the defendants and hence, the decree which has been passed by way of compromise in the said partition suit, cannot be made subject matter of the instant suit but the trial Court having not appreciated the aforesaid aspect of the matter while allowing the petition filed under Order VI Rule 17 of C.P.C., as such is not sustainable in the eye of law.

(3.) Mr. Arvind Kumar Choudhary, learned counsel appearing for the respondents has submitted by referring to the object and scope of Order VI Rule 17 that the provision is very explicit and express that if the trial has not commenced, amendment needs to be allowed in order to avoid multiplicity of proceeding.