The suit is one to cancel the alleged Will No. 158/2007 executed by one John Paul. There is also a prayer for recovery of possession of the property covered by the Will and for injunction. The evidence in the suit is being recorded and the trial is midway.
2. It appears that John Paul had allegedly executed Settlement Deed No. 5247/2007 as well. But then the property covered by the settlement deed is different from the one covered by the Will. The settlee has since alienated the property and the transferees are also sought to be impleaded.
3. The amendment and impleadment sought for by the plaintiffs has been correctly disallowed by the court below. There will be a mis-joinder of causes of action if the prayer of the plaintiffs as sought is allowed. The suit challenging a Will cannot be permitted to be converted as one challenging a settlement deed as well. This is particularly so when the property are different and the trial of the suit is halfway through. The proviso to Order VI Rule 17 of the Code of Civil Procedure also disables the plaintiffs from clubbing the relief by amendment and impleadment.
O.P.(C) No. 118 of 2014 2
4. Nothing disables the plaintiffs from filing a fresh suit challenging the settlement deed after impleading transferees also. I do not find any error of jurisdiction in the order impugned warranting interference in this supervisory jurisdiction.
The Original Petition is dismissed. No costs.
V.CHITAMBARESH JUDGE DCS