1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.6674 of 2006. Mata Prasad son of Shri Rameshwar Dayal VERSUS Civil Judge (Senior Division) Dholpur and Others Date of Order :::: 18/08/2009 Hon'ble Mr. Justice Dalip Singh Mr. R.P. Garg, Counsel for the Petitioner. None present for the respondents Per Court : Heard learned counsel for the petitioner. This petition has been filed against the impugned order dated 12.08.2006 by which the application submitted by the plaintiff-petitioner under Order 1 Rue 10, C.P.C. read with Order 6 Rule 17, C.P.C. for impleading Smt. Ramdulari daughter of Shri Rameshwar Dayal and wife of Shri Gopal Das, who is one of the sister of the plaintiff, now represented by her legal representatives as she has died, as party to the present suit. The present suit filed by the plaintiff-petitioner is one for partition. An objection had been taken by the defendant that the sisters had not been impleaded as parties to the suit. Upon the said objections being raised the plaintiff had impleaded all 2 the sisters, except Smt. Ramdulari as party. Even though she was as per the defendant is necessary party. Learned counsel for the petitioner submitted that the plaintiff by mistake did not implead her as party to the suit and the plaintiff is willing to implead her as party and give her due share, along with the other sisters, in case the suit is decreed for partition. I have considered the aforesaid submissions and gone through the impugned order dated 12.08.2006. While no exception can be taken to the impugned order passed by the learned trial Court, where the learned trial Court has recorded that the issues in this behalf had been framed in the year 1986 and the case has been pending for final arguments since 2002 and therefore, at this late stage the plaintiffs' plaint cannot be allowed to be amended and the sister Smt. Ramdulari cannot be permitted to be impleaded as party. While the delay is of course writ large on the facts of the case, but the delay by itself should not be allowed to impair the rights of the daughters, who have been conferred their rights to the ancestral property by the statute. Since, the learned counsel for the petitioner has fairly conceded that in the event of the sister Smt. Ramdulari being impleaded and the suit being decreed the plaintiff would have no objection to Smt. Ramdulari being given her due share out of the ancestral property left behind by the father and looking to the fact that the suit is one for partition, I deem it just and proper to allow this petition with a view to do complete justice between the 3 parties. In the facts and circumstances of the present case, I deem it just and proper to allow this writ petition. as none has appeared to oppose this petition, despite service. The writ petition is accordingly allowed. The impugned order is set aside and application under Order 1 Rule 10 read with Order 6 Rule 17, C.P.C. is allowed. Smt. Ramdulari through her legal representatives is ordered to be impleaded as party to the suit and the plaint be amended accordingly. The aforesaid amendment is allowed at the costs of Rs.5,000/- to the contesting defendants. This writ petition stands allowed as aforesaid. (Dalip Singh) J. ashok/