IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.602/2024 Date of Decision: 15th September, 2025. Baba Dharam Shah Chela .....Petitioner Versus Ram Dulari and Anr. ….Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. R.P. Singh, Advocate. For the Respondents: Mr. B.S. Chauhan, Sr. Advocate with Ms. Aditi Rana, Advocate. Bipin Chander Negi, Judge (oral). By way of the present petition, a challenge has been laid to the impugned order dated 03.09.2024 (Annexure P-17), passed by the learned Senior Civil Judge, Court No.1, Una, District Una, HP, whereby an application filed under Order 6 Rule 17 CPC by the petitioner/plaintiff before the learned trial Court has been dismissed. 2. Heard counsel for the parties and perused the impugned order and the records appended along with the petition. 3. Admittedly, in the case at hand, the application seeking amendment of the plaint was filed at the stage, when the matter was fixed for leading of defendants’ evidence. In the suit filed by the present petitioner/plaintiff, the suit property is being claimed on the basis of a Will dated 15.08.2011 made in favour of the 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 petitioner/plaintiff. On the other hand, the suit land is being claimed by the respondents/defendants on the basis of a Will dated 04.05.2010. During the pendency of the suit, the original defendant (Satpal Saini) had died. The said late Satpal Saini, who was claiming the suit property on the basis of Will dated 04.05.2010, which is to be proved at trial, had made a Will dated 12.10.2020. On the basis of which after his death, the suit property has been mutated vide Mutation No.1790 dated 07.01.2023 in favour of the present respondents/defendants. 4. The trial Court taking into account the fact that the present petitioner/plaintiff had not been vigilant in moving an application for bringing on record the aforesaid facts had dismissed the application under Order 6 Rule 17 CPC. Besides the aforesaid, the trial Court was of the view that mutation in the case at hand bearing No.1780 dated 07.01.2023 made in pursuance to the Will dated 12.10.2020 made by the original defendant in favour of the present respondents/defendants, did not confer any title. 5. In the suit pending consideration before the trial Court, rights qua the suit property have yet to be determined. The plaintiff/petitioner’s rights to the suit property have to be determined on the basis of the legality and validity of Will dated 15.08.2011. Similarly, the 3 legality and validity of the Will set up by the respondents/defendants dated 14.05.2010 is to determine at the trial, insofar as the suit property is concerned. If in case the petitioner/plaintiff succeed meaning thereby that the Will dated 15.08.2011 is held to be legal and valid, then the respondents/defendants shall lose all claim to the suit property based on Will dated 04.05.2010. Once no rights accrue in favour of the original defendant (Satpal Saini) in terms of Will dated 04.05.2010, therefore, no further right would accrue in favour of the original defendant (Satpal Saini) to Will the suit property in the case at hand to the present respondents. 6. Other than the aforesaid, if in case the respondents/defendants succeed in setting up their Will dated 04.05.2010 in favour of the original defendant (Satpal Saini), then in that event the original defendant (Satpal Saini) would have a right to bequeath the property in favour of the present respondents. Even otherwise on account of the doctrine of lis pendens the final decision in the suit could not only bind the litigating parties but also those who drive title pendente lite. 7. In view of above stated, I see no reason to interfere in the impugned order, therefore, the present petition is 4 dismissed being devoid of merit. Pending miscellaneous application(s), if any, shall also stand disposed of. Parties are directed to appear before the learned trial Court on 07.10.2025. (Bipin Chander Negi) Judge 15th September, 2025 (Gaurav Rawat)