S.K. Mahajan - (1.) Defendants No. 14 & 16 have filed this application for amendment of their application under Section 151 of the Code of Civil Procedure being IA No. 1328/97. The brief facts resulting in the filing of this application were: That the plaintiff filed suit for partition of HUF in which the said defendants had 1 /12th share each. The applicants/defendants No. 14 & 16 had appointed Mr. M.P. Yadav as their attorney to contest the suit in this Court. On 4th April, 1989 a statement as made by Mr. Yadav in this Court for and on behalf of defendants No. 13 to 16 that out of the free Will and instructions from defendants No. 13 to 16 he was making this statement that out of the share of each of the defendants No. 13 to 16 to which they were entitled 1/60th may be given to the plaintiff Lt. Col. G.S. Yadav (Retired). On the basis of this statement this Courton 16th April, 1989 passed a preliminary decree specifying the shares of the parties in suit in the property.
(2.) Sometimes late in 1992 Justice D.R. Khanna (Retired) was appointed as Commissioner to suggest the mode of partition and it appears that Justice D.R. Khanna (Retd.) made two groups of parties and suggested that the properties be partitioned in two shares giving 60% to one group of parties and 40% to the other group of parties and respective plans were also submitted to Justice D.R. Khanna (Retd.). Report has also been filed by Justice D.R. Khanna (Retd.) in this Court.
(3.) Before the objections to the report of the Local Commissioner could be decided, the applicants/defendants No. 14 & 16 filed an application in this Court being I.A. No. 7801 /95 stated inter-alia that Mr. M.P. Yadav, their attorney, was not authorised to make statement on their behalf giving up their 1 /60th share and that he had acted in collusion and conspiracy with the plaintiff in depriving the applicants of their due share in the property. Before the said application could be decided the applicants herein made another application being IA No. 1327/92 for amendment of IA No. 7801 /95. By order dated 21.10.1997 this Court allowed the application for amendment and consequently IA No. 7801 /95 stood amended and the amended application has now been numbered as IA No. 1328/97.;