KANWAL CHAUDHARY Vs. BIRENDER CHAUDHARY

JUDGEMENT

(1.) The petitions at hand were brought to bring challenge to the correctness, legality and propriety of orders dated 23.01.2016 and 05.07.2017 passed on the file of civil suit (CS No.101/2012 and New No.SCJ No.608586/16) which was originally instituted by Dr. (Mrs.) P.L.Chaudhary, late mother of the parties, who are brothers to each other. The said original plaintiff expired on 11.07.2013. By the first said order dated 23.01.2016, an application under Order XXII Rule 3 of the Code of Civil Procedure, 1908 (CPC) of the petitioner was dismissed, while similar application under Order XXII Rule 3 CPC of the respondent was allowed, he having been substituted in place of deceased original plaintiff, though with certain observations added that in order to continue with the suit, the substituted plaintiff would be obliged to bring in some amendments to the plaint. It is in the wake of the said order that the application under Order VI Rule 17 CPC was moved by the respondent, who had been substituted as the plaintiff, seeking to bring on record certain additional averments described as facts pertaining to subsequent developments. The said application was allowed, repelling objections of the petitioner, by order dated 05.07.2017.

(2.) The second captioned petition [CM (M) 958/2017] is directed against the first order dated 23.01.2016 and the first petition [CM(M) 957/2017] is directed against the second order dated 05.07.2017.

(3.) During the course of hearing, it was brought out that the parties are also locked in other litigation including civil suit filed on the original side of this court it being CS(OS) No.663/2014, which is a suit for partition including the property which is the subject-matter of the suit from which the present proceedings arise, it having been filed by the petitioner against the respondent.