RAM NATH SHARMA Vs. VINOD KUMAR SHARMA

JUDGEMENT

(1.) IA No.6211/2001 This application is filed by the defendants 1-6 under Order VI Rule 16 and 17, Section 153 readwith Section 151 Civil Procedure Code. Learned counsel for the plaintiffs has accepted notice of this application and submits that no reply is required to be filed. Both the parties have addressed arguments on this application.

(2.) Before adverting to the allegations/averments made in the 'application on the basis of which amendment in the written statement is sought, it would be necessary to state in brief the developments which have taken place in this case. The plaintiffs have filed the present suit for partition of property that is left behind by deceased late Sh.Ganga Ram Sharma. The case set up in the plaint was that late Shri Puran was the owner of 1/5th share of land in Khasra No.553/418 in Village Kotia Mubarakpur, New Delhi measuring 2 bighas 16 biswas. This 1/5th share of Puran on his death devolved upon his four sons namely Munshi, Ganga, Jaga and Om Prakash. There was a partition amongst these four brothers after the death of Puran and the area falling to the share of each one of them was about 100 sq.yds. Kotia Mubarakpur was urbanised and was named as MasJid Moth area. Municipal numbers were allotted by Municipal Corporation of Delhi to the properties and the area of 100 sq.yrds. which had fallen to the share of Ganga Ram Sharma was allotted municipal No.277 MasJid Moth, New Delhi. Ganga Ram Sharma expired on 20/12/1984 in Delhi leaving behind the plaintiffs and defendants' as his only legal heirs. while the plaintiffs 1 and 2 and the defendant No.1 are the sons of the deceased Ganga Ram Sharma, the plaintiff No.3 is his widow. The defendants 7 and 8 are the daughters of deceased Ganga Ram Sharma while the defendant no.2 is the widow of predeceased son of the deceased Ganga Ram Sharma. The defendants 3 to 6 are the daughters of the pro-deceased son of Ganga Ram Sharma. This suit has been filed by the plaintiffs now for partition of the property bearing No.277 Masjid Moth, New Delhi on the allegations that the legal heirs of the deceased namely, the plaintiffs, defendants 1, 7 and 8 and the defendants 2 to 6 have inherited 1/7th share each in the said property.

(3.) The defendants appeared and filed the written statement. In the written statement, the defendants did not deny the allegations made in the plaint and it was admitted by all the parties that they had 1/7th share each in the property. Although defendants 5 and 6 are minors, IA No.3762/97 was filed by the plaintiffs sueing them through their mother and natural guardian defendant No.2. The defendant No.2 submitted that she had no objection to act as the natural guardian and next friend of the defendants 5 and 6. After recording that she had no interest adverse to those of minors, by order dated 22/9/1998 this court appointed defendant No.2 as the guardian ad-litem and next friend of defendants 5 and 6,and disposed of IA No.3762/97. In suit, on the basis of the'admitted case of the parties, namely, the plaintiffs as well as the defendants that plaintiffs, defendants 1,7 and 8 and defendants 2 to 6 have inherited 1/7th share each, a preliminary decree dated 22/9/1998 was passed.