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I.A. No.12295 of 2026
Heard the parties.
This interlocutory application has been filed with the prayer for delete the name of the opposite pasty no.3-Hazi Amir Hassan Ansari as he died on 05.01.2024 before filing of this civil miscellaneous petition. It is next submitted by the learned counsel for the petitioners that the legal heirs of the opposite party no.3 are already on record being the opposite party nos. 4 to 14.
Considering the aforesaid facts, the prayer is allowed.
Registry is directed to delete the name and particulars of the opposite party no.3 and renumber the opposite party nos.4 to 15 as opposite party nos.3 to 14 with red ink in the cause title of this civil miscellaneous petition.
This interlocutory application is disposed of accordingly.
C.M.P. No. 607 of 2026
Heard the parties.
This civil miscellaneous petition has been filed invoking the jurisdiction of this Court under Article 227 of the Constitution of India with the prayer to quash the order dated 13.05.2026 passed by the learned Principal District Judge, Garhwa in Succession Certificate Case No. 01 of 2022 whereby and where under, the learned Principal District Judge, Garhwa has rejected the petition dated 27.04.2026 filed under Order VI Rule 17 of C.P.C. seeking amendment of the written statement incorporating the new plea of oral Hibba (gift) allegedly made by the deceased Nazma Khatun @ Nagina Bibi on 15.10.2016 in favour of the opposite parties of the said Succession Certificate Case No. 01 of 2022.
The brief fact of the case is that the petitioners herein are the opposite party nos.2 to 5 of the said Succession Certificate Case No. 01 of 2022 of the Court of Principal District Judge, Garhwa. The application for grant of succession certificate was filed on 03.03.2022. The opposite party nos.2 to 5 appeared in the said case and filed written statement on 14.12.2023. In their written statement, the opposite party nos.2 to 5 claimed ownership of the property in question; in respect of which succession certificate was sought to be granted to the petitioners, being legal heirs of Nazma Khatun @ Nagina Bibi. Consequent upon filing of the said written statement, the evidence of the petitioners was recorded and the evidence of the petitioners were closed. The opposite parties also led some evidence and at such a belated stage, the petitioners herein who are the opposite party nos.2 to 5, came up with a new plea of introducing the claim of oral Hibba (gift) allegedly made by Nazma Khatun @ Nagina Bibi on 15.10.2016 and claiming the ownership of the property in respect of which succession certificate is sought to be issued by the petitioners; as a donee and not as a successor of Nazma Khatun @ Nagina Bibi; as was their case in the written statement filed in the case.
The learned Principal District Judge, Garhwa considered the settled principle of law that since the amendment sought by the petitioners is designed to withdraw the admission of the petitioners regarding non-existence of any Hibba (gift) such a new plea will take the opposite parties herein by surprise at this belated stage and rejected the same.
Relying upon the judgment of the Hon’ble Supreme Court of India in the case of Life Insurance Corporation of India vs. Sanjeev Builders Private Limited & Anr. reported in 2022(4) JLJR (SC)178, it is submitted by the learned counsel for the petitioners that the final conclusion in respect of amendment of pleadings has been summed up in paragraph nos. 70 (ii) to (xi) and submits that therein, the Hon’ble Supreme Court of India has inter alia held that all amendments which are necessary for determining the real question in controversy be allowed of course, if it does not cause injustice or prejudice the other side. It is next submitted by the learned counsel for the petitioners that since it is the case of the petitioners that they are entitled to a property in question of which succession certificate is sought by the petitioners, as a donee, so the amendment sought is necessary for determining the real question in controversy between the parties therefore, it is submitted that the learned Principal District Judge, Garhwa has committed a grave illegality by rejecting the petition for amendment. Hence, it is submitted that prayer as made in this civil miscellaneous petition be allowed.
Learned counsel for the opposite parties on the other hand vehemently opposes the prayer and submits that since the proposed amendment intends to drastically alter the nature of the defence of the petitioners herein that too at the belated stage when the evidence of the petitioners of Succession Certificate Case No. 01 of 2022 who are opposite parties in this civil miscellaneous is already over; therefore, it is submitted that no illegality has been committed by the learned Principal District Judge, Garhwa in rejecting the prayer for amendment of the written statement; as such amendment at the belated stage will cause injustice and prejudice to the petitioners-opposite parties herein. Hence, it is submitted that this civil miscellaneous petition being without any merit be dismissed.
Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that it is a settled principle of law as has been held by the Hon’ble Supreme Court of India in the case of Pradeep Singhvi & Another. Vs. Heero Dhankani & Others. reported in (2004) 13 SCC 432, that where the proposed amendment has the effect of drastically altering the nature of the defence, the same ought not to be allowed.
Now coming to the facts of the case, the undisputed fact remains that the petitioners herein who are opposite party nos.2 to 5 of Succession Certificate Case No. 01 of 2022 filed their written statement on 14.12.2023 specifically claiming that they have inherited the property of Nazma Khatun @ Nagina Bibi by way of succession. They did not whisper a word about existence of any Hibba (gift) given by Nazma Khatun @ Nagina Bibi. The undisputed fact also remains that at the belated stage after the entire evidence of the petitioners and part of the evidence of opposite parties was recorded in the said Succession Certificate Case No. 01 of 2022, the petitioners herein came up with a proposed drastic amendment thereby changing the basis of the claim from one of succession to one as donee and such petition was filed on 27.04.2026 only. True, it is a settled principle of law that all amendment that are to be allowed which are necessary for determining the real question in controversy but the same comes with a rider and the rider is that such amendment is to be allowed only if it does not cause injustice or prejudice to the other side. In this case the proposed amendment to the written statement, as already indicated above, no doubt changes the nature of the claim of the petitioners herein, in respect of the property, in respect of which succession certificate is sought by the petitioners of the case; more so at the belated stage, when the evidence of the petitioners is already over and even the part of the evidence of opposite parties has already been recorded.
Thus, in view of the settled principle of law as discussed above in the foregoing paragraphs of this Judgment, this Court is of the considered view that the learned Principal District Judge, Garhwa has not committed any illegality or impropriety in rejecting the prayer of the petitioners at the belated stage to drastically alter the nature of the defence from one of succession to one as donee; warranting interference of this Court in exercise of limited power under Article 227 of the Constitution of India.
Accordingly, this civil miscellaneous petition being without any merit is dismissed.
In view of the dismissal of this civil miscellaneous petition, interlocutory applications, if any, is disposed of being infructuous.