Mahesh Chandra Tripathi, J. - (1.) Heard Sri Manish Tandon, learned counsel for the plaintiffs-petitioners and Sri Neeraj Agrawal, learned counsel for the defendants-respondents.
(2.) Plaintiffs-Petitioners are assailing validity of the revisional order dated 16.4.2018 passed by Additional District Judge, Court No. 2, Kanpur Nagar in Civil Revision No. 40 of 2017 (Smt. Shakuntala Saxena and Others Vs. Smt. Pushplata Saxena and Others) whereby amendment under Order 6 Rule 17 C.P.C. moved by plaintiffs-petitioners, which was allowed by trial court has been set aside by the revisional court.
(3.) The brief matrix for adjudicating the controversy in hand are reproduced herein. The Original Suit No. 396/7 of 1987 for declaration-cum-partition had been instituted by husband of first petitioner, namely, Sri Raj Narayan Saxena, who happens to be the father of petitioner no. 2 to 4 to the extent of half share of house no. 2/359, Nawabganj, Kanpur Nagar and house no. 2/362, Nawabganj, Kanpur Nagar. Initially there was deficiency in the suit and the same was removed in the year 2005 and the regular number was allotted as Suit No. 589 of 2005. During pendency of the suit, Sri Raj Narayan Saxena-plaintiff died and the petitioners were duly substituted as legal heirs of late Raj Narayan Saxena. Sri Roop Narayan Saxena and Sri Vinod Saxena who were contesting defendants were also died and were duly substituted by their legal heirs arrayed as respondent no. 1 to 3. The family pedigree, as mentioned in para 2 of the plaint, which has been appended as Annexure 1 to the writ petition, is reproduced herein.;