Arun Bhansali, J. - (1.) THIS writ petition has been filed by the petitioner aggrieved against the order dated 11.7.2014 passed by the trial court rejecting the applications filed by the petitioner under Order VI, Rule 17 CPC read with Order I, Rule 10 CPC in the suit as well as T.I. Application seeking amendment in the plaint/application and impleadment of one Ramnarayan as party defendant.
(2.) THE petitioner filed a suit for partition being heir of late Shri Bhagwan Das against the legal representative of Late Shri Sanwar Mal and Vinod Kumar Sharma, her brothers. Alongwith the suit, an application seeking temporary injunction was also filed. The suit was confined to a house property situated at Mahamandir. It was indicated in the suit that another brother Ramnarayan Sharma had obtained his share and had executed an agreement and therefore, his presence was not required. In the written statement an objection was raised by the defendants that an agriculture land belonging to late Shri Bhagwan Das was not included in the suit for partition and a suit for partial partition was not maintainable.
(3.) THE petitioner filed replication and sought to plead that as the dispute about the said land was pending before the revenue court, the inclusion of the said property in the suit was not necessary. However, on being advised, the petitioner filed an application under Order VI, Rule 17 CPC read with Order I, Rule 10 CPC seeking to implead her brother Ramnarayan Sharma and to include the agriculture land also as subject matter of the suit.;