The succession process cannot go forward without a determination of the dispute regarding the Will, says the Supreme Court (SC) in Dinesh Goyal @ Pappu v Suman Agarwal (Bindal) & Others [ 2024 INSC 726].
That means, without determination of the question of Will and its genuineness, the partition of the suit property would not be possible.
The appellant in this case argued that the High Court allowed the respondent’s amendment application under Order VI Rule 17 of the Code of Civil Procedure (CPC), which was initially rejected by the Civil Court. The appellant claimed that she was bequeathed the property in dispute after the passing of her mother, who had executed a Will.
The appellant filed a Civil Suit seeking 1/5th share in the property, claiming that the property belonged to their late father and that the Will produced was forged. The High Court observed that the respondent could be denied her share in the property only when the appellant would be able to establish the genuineness of the Will.
The SC upheld the decision of the High Court, which allowed the amendment of pleadings in a civil suit regarding the partition of ancestral property and the validity of a Will.
The SC reiterated that all amendments to a plaint must be allowed which were necessary for determining the real question in controversy provided it did not cause injustice or prejudice to the other side, because of the use of the word “shall”, in the latter part of Order VI Rule 17 of the CPC.
The SC referred to Life Insurance Corporation of India v Sanjeev Builders Pvt. Ltd. & Another, and other precedents, in culling out certain principles on amendment to the pleadings.
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