- (1.) Challenge in the instant petition by invoking the jurisdiction of this Court under Article 227 of the Constitution of India is to the order dated 8.10.2013 (Annexure P-6) passed by the learned Additional Civil Judge (Senior Division), Malerkotla, whereby the application under Order VI Rule 17 of the Code of Civil Procedure (CPC) for amendment of the plaint filed by the plaintiff-respondents was allowed.
(2.) Suit was filed by the plaintiff-respondents claiming declaration to the effect that they are the owners of 1/5th share out of land measuring 27 kanal 15 marlas and for joint possession with a prayer for permanent injunction. The estate of Badra @ Badar Din is in question. Badra @ Badar Din was survived by two sons and a daughter Aisha. Aisha died on 12.8.2001 and the respondent-plaintiffs are the sons and daughters of Aisha aforesaid. The suit was instituted before the trial Court on 9.6.2007. According to the plaintiff-respondents, the Revenue Authorities incorrectly sanctioned mutation No. 30261 dated 12.4.2006 in favour of petitioners who are the sons of Badra @ Badar Din aforesaid. The question before the trial Court was whether the parties are governed by Muslim Personal Law or a customary law of agriculturists in the matters of succession and inheritance. The petitioners even denied the relationship of plaintiff-respondents with Badra @ Badar Din.
(3.) It was an admitted proposition that for other property of Badra @ Badar Din, mutation No. 1516 dated 14.12.1991 and mutation No. 3573 dated 31.8.2006 were sanctioned in favour of the plaintiffrespondents and petitioners and those mutations have been challenged by petitioners by setting up a counter-claim.;