[2025:RJ-JP:19190] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6993/2025 Mahesh Sharma Son Of Late Shri Purnmal Sharma, Resident Of Mohalla Raiji, Salasar Bus Stand Sikar Tehsil And District Sikar, ----Petitioner Versus 1. Smt. Shanti Devi Wife Of Late Shri Kanhaiyalal, Aged About 65 Years, (Deceased) 1/1. Smt. Tara Devi, Daughter Of Late Shri Kanhaiyalal, Wife Of Shri Ganpatlal, Resident Of Ward No. 04, 18, Mohalla Rai Ji, Salasar Bus Stand, Sikar Tehsil And District Sikar (Rajasthan) 2. Shyamsundar, Aged About 48 Years, Son Of Late Shri Kanhaiyalal, 3. Trilokchand S/o Late Shri Kanhaiyalal, Aged About 42 Years, All Resident Ward No. 18 Mohalla Rai Ji Ka Salasar Bus Stand Sikar, Presently Residing At Post Bhurkunda Prakhand, Patratu District Ramgarh (Jharkhand) Through Power Of Attorney Holder Gorishakar Son Of Late Shri Kanhaiyalal, Resident Of Ward No. 18, Mohalla Raiji, Salasar Bus Stand, Sikar Tehsil And District Sikar 4. Gorishankar Son Of Late Shri Kanhaiyalal, Resident Ward No. 18, Mohalla Raiji Ka, Salasar Bus Stand, Sikar Tehsil And District Sikar ------Respondents/Plaintiffs 5. Satyanarayan Sharma Son Of Late Shri Babulal Sharma, R/o Rayal Dharmkanta Ke Peeche Piprali Road Sikar(Deceased) 5/1. Smt. Narbada Devi, W/o Late Satyanarayan Sharma 5/2. Ashok Kumar, Son Of Late Shri Satyanarayan Sharma 5/3. Amit Sharma, Son Of Late Shri Satyanarayan Sharma 5/4. Smt. Asha Sharma, Daughter Of Late Shri Satyanarayan Sharma, All Resident Of Royal Dharmkanta Ke Peeche Piprali Road Sikar Tehsil And District Sikar 6. Kailaschand Sharma Son Of Late Shri Babulal Ji Sharma, Resident Of Tegore Public School Ke Aage Radhakishanpura, Sikar Tehsil And District Sikar 7. Vinod Kumar Sharma Son Of Shri Babulal Ji Sharma, Resident Of Baluram Compounder Ki Gali, Devipura Road, Sikar Tehsil And District Sikar. 8. Rajesh Kumar Sharma Son Of Babulal Ji Sharma, Resident Of Baluram Compounder Ki Gali, Devipura Road, Sikar Tehsil And District Sikar. 9. Sushila D/o Late Shri Babulal Ji Sharma W/o Shri Sanwarmal Sharma, Resident Of Bavadi Get Ke Bahar, Nawalgarh Tehsil Nawalgarh District Jhunjhunu. [2025:RJ-JP:19190] (2 of 5) [CW-6993/2025] 10. Maya Daughter Of Late Shri Babulal Ji Sharma Advocate, Resident Of Tehsil Ke Aage, Shrimadhopur District Sikar. 11. Vimla D/o Late Shri Babulal Ji Sharma W/o Shri Sitaram Sharma-Male Nurse, Resident Of Janta Colony Nawalgarh Road, Sikar Tehsil And District Sikar 12. Santosh D/o Late Shri Babulal Sharma W/o Shri Sureshchand Sharma Care Of Shri Sanwarmal Ji Gilan, Resident Bandiyabas, Sujangarh District Churu 13. Poornmal Sharma Son Of Late Shri Rameshwar Sharma, Resident Sikar Currently Resident Of Village Hasara Post Manipuriya Basti District Shivsagar (Assam), (Date Of Death 24.01.2021) 13/1. Sita Devi, Wife Of Late Shri Poornmal Sharma, 13/2. Vijay Sharma, Son Of Late Shri Poornmal Sharma 13/3. Rajkumar Sharma, Son Of Late Shri Poornmal Sharma 13/4. Ravi Sharma Son Of Late Shri Purnamal Sharma, All Resident Of Mohalla Raiji, Salasar Bus Stand Sikar Tehsil And District Sikar 13/5. Smt Manju Devi Wife Of Shri Murarilal Sharma, Daughter Of Late Shri Poornmal Sharma Resident Of Devipura Housing Board, Sikar Tehsil And District Sikar, 13/6. Smt. Kiran Wife Of Shri Shivraj Sharma, Daughter Of Late Shri Poornmal Sharma, Resident Of Village Manpura, Tehsil Chomu, District Jaipur (Rajasthan) 13/7. Smt Sushma Wife Of Shri Rajendra Sharma, Daughter Of Late Shri Poornmal Sharma Resident Of Basant Vihar, Sikar Tehsil And District Sikar 13/8. Smt. Suman Wife Of Shri Rajendra Sharma, Daughter Of Late Shri Poornmal Sharma,resident Of Village Banuda, Tehsil Danta Ramgarh, District Sikar. 14. Smt. Rukmani Devi Wife Of Shri Jagdish, Resident Of Sikar, Currently Living In Hasara Post Manipuriya Basti District Shivsagar (Assam). 15. Shobha Devi, Wife Of Late Shri Bajranglal Sharma, 16. Ghanshyam, Son Of Late Shri Bajranglal Sharma. 17. Vishwambhardyal, Son Of Late Shri Bajranglal Sharma 18. Rakesh Son Of Late Shri Bajranglal Sharma, All Residents Behind Vikram School, Salasar Road Sikar Tehsil And District Sikar Rajasthan. 19. Babita Daughter Of Late Shri Bajranglal Sharma Wife Of Shri Ramesh Chand Sharma, Resident Mundwara Tehsil Dhod District Sikar. 20. Krishna D/o Late Shri Bajranglal Sharma W/o Shri Jugal Kishore Sharma C/o Shri Raghunathji Sharma, Resident Of Patoda Tehsil Laxmangarh District Sikar. 21. Hanunam Prasad Sharma Son Of Late Shri Rameshwar Sharma, Resident Of Tilak Nagar, Devipura Road Sikar [2025:RJ-JP:19190] (3 of 5) [CW-6993/2025] Tehsil And District Sikar. 22. Hemraj Sharma Son Of Late Shri Rameshwar Sharma, Resident Of Sikar, Currently Residing In Village Hasra, Post Manipuriya Basti, District Shivsagar (Assam) 23. Rukmani Devi Daughter Of Late Shri Rameshwar Sharma, Wife Of Shri Bajranglal Sharma, Resident Of Near Kalaji Bapji Temple, Shyodan Singh Ki Naari House, Gulabpura District Bhilwara. 24. Sanwarmal Sharma Alias Sureshchand Sharma, (Decessed) 24/1. Smt. Sumitra Devi Wife Of Late Shri Sanwarmal Sharma Alias Sureshchand Sharma, Resident Village Hasra Post Manipuriya Basti District Shivsagar (Aasam). 24/2. Kishan Sharma Son Of Late Shri Sanwarmal Shaman Alias Sureshchand Sharma, Both Resident Village Hasra Post Manipuriya Basti District Shivsagar (Aasam). 25. Kistur Chand Sharma Son Of Shri Ramchandra Sharma, Resident Of Sikar Currently Residing In Village Hasra Post Manipuriya Basti District Shivsagar (Assam) 26. Ankit Son Of Late Shri Omprakash Sharma, Resident Of Sikar, Currently Vrindavan Market, Sati Jayamati Road, Athgaon, Goahat-781001 (Assam) 27. Smt. Kala Devi Daughter Of Late Shri Ladu Ram Ji Kalavatiya Wife Of Shri Gopal Mishra, Resident Of Village Banuda Tehsil Danta Ramgarh District Sikar 28. Smt. Rampyari Daughter Of Late Shri Ladu Ram Kalavatiya Wife Of Shri Hiralal Mishra, Resident Of Village Banuda Tehsil Danta Ramgarh District Sikar. ----Proforma Respondents/Defendants For Petitioner(s) : Mr. Ankush Sharma HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 07/05/2025 1. The present civil writ petition under Article 227 of the Constitution of India has been filed by the petitioner-defendant against the order dated 09.04.2025 passed by the Court of learned Additional District Judge No.4, District Sikar, in Civil Suit C.I.S. No.77/2014, whereby the application filed on behalf of the [2025:RJ-JP:19190] (4 of 5) [CW-6993/2025] petitioner No.13, namely Poornmal Sharma, under Order 6 Rule 17 C.P.C., was dismissed. 2. Learned counsel for the petitioner-defendant submits that the respondent No.13, namely Poornmal Sharma, has expired and his legal representatives have already been taken on record. Learned counsel further submits that the respondent No.13, after a lapse of seven years, filed an application under Order 6 Rule 17 C.P.C. on 20.03.2018 seeking certain amendments in the written statement filed by him on 24.09.2011 stating therein that the averments made in some paras of written statement be deleted as the same were written mistakenly and the amendments are necessary for the purpose of determining the real question in controversy between the parties. Learned counsel also submits that if the aforesaid application is allowed then it will not have any adverse/negative impact on the nature of the plaint. Learned counsel further submits that the learned Trial Court, without considering the facts & circumstances, dismissed the application filed by respondent No.13. Therefore, in view of the submissions made herein-above, the present writ petition may be allowed and the impugned order dated 09.04.2025 be quashed & set aside. 3. Heard learned counsel for the petitioner-defendant & gone through the impugned order dated 09.04.2025 and the other material available on record. 4. Perusal of the impugned order dated 09.04.2025 reveals that the learned Trial Court, after considering all the facts, has passed a reasoned order, which is just & proper. No illegality, infirmity or [2025:RJ-JP:19190] (5 of 5) [CW-6993/2025] error has been committed by the learned Trial Court in the aforesaid order dated 09.04.2025. 5. Hence, there is no scope for interference in the aforesaid order in the limited writ jurisdiction under Article 227 of the Constitution of India. 6. Consequently, the present writ petition is dismissed. 7. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /55