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2000 Supreme(Pat) 1025

P.K.DEB
Ram Dhyan Rai – Appellant
Versus
Mostt. Peyaro Kuer – Respondent


Judgment

1. Heard the learned counsel for the parties.

2. This revision petition has been preferred against the order dated 2.12.99 passed by the Vlllth Sub-Judge, Siwan in T.S.No. 178 of 1989 whereby and whereunder the amendment of the written statement filed by Original defendant no.3 as pressed from the side of the defendant nos.1 and 3 had been allowed. The Plaintiffs-petitioners have filed the above mentioned suit for partition and also with other reliefs. It was specifically contended that defendant no.3 in the suit was the elder brother and he was managing the properties while the other two brothers were serving elsewhere and were sending money and by that money improvements were made in the suit property itself. The written statement was filed by the defendant no. 3 and in paragraph 24 of that written statement some admission was made by the defendant no. 3 to the effect that houses were constructed on the contribution of the money sent by the plaintiff and other brothers and that the plaintiff and the other brothers was allowed to stay in that house itself when they came up after their service career. Defendant no. 3 died during the pendency of the suit and in his place hei

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