Research › Search › Judgment

Rajasthan High Court · body

2025 DIGILAW 382 (RAJ)

Shantidevi v. Sharda Patel

2025-02-17

MUNNURI LAXMAN

body2025
ORDER : (MUNNURI LAXMAN, J.) 1. The present writ petition has been filed challenging the order dated 20.05.2024 whereunder the application filed by the respondent-plaintiffs seeking amendment of pleadings in plaint was allowed. 2. The plaintiffs’ case is that originally in the pleadings he has pleaded that the property was inherited by one Mahesh Patel by virtue of a will deed. Subsequently, an amendment was sought that plaintiff Mahesh Patel and another plaintiff Sharda Patel together have inherited the property under the will deed. In the same background, the application was filed to amend the pleadings and the said application was allowed. Aggrieved by the same, the defendants have filed the present writ petition. 3. The case of the petitioner-defendants is that the pleadings cannot be allowed to amended to the detriment of the defendant. According to him, when the plea is that only one plaintiff had acquired rights under the will deed, such pleadings cannot be sought to be amended saying that two plaintiffs have acquired rights under the will deed. As a result, the impugned order was passed. 4. Admittedly, in the present case, the plaintiff has not put up any defense in the suit and an only eviction suit has been filed. Even if this Court goes by the original pleadings also, since another beneficiary under the will deed is already on record no prejudice is caused to the defendant if the other plaintiff who also inherited rights under the will deed. More importantly, since the defense has not been rendered in the suit, this Court do not find any ground to interfere in the writ petition. 5. Accordingly, the Civil Writ Petition is dismissed.