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2000 Supreme(Del) 411

S.K.AGARWAL
ANITA SHINH CHAUHAN – Appellant
Versus
KEDAR NATH – Respondent


S. K. Agarwal, J.

( 1 ) THIS order will dispose of plaintiff s application for amendment of the plaint under Order 6, Rule 17, Code of Civil Procedure, 1908 (for short Civil Procedure Code ). The defendants have filed a reply pleading that the amendments are intended to delay the proceedings, and are not necessary for determining the real controversy between the parties.

( 2 ) THE plaintiffs filed a suit against the defendants for partition of the House No. 6199, Gali No. 1, Block No. 1, Dev Nagar, Karol Bagh, New Delhi (for short suit property) alleging therein that plaintiff No. 1 is widow of late Sh. Sunil Chauhan, (son of defendant No. 2) and plaintiff Nos. 2 and 3 are their minor children. The defendant Nos. 1,2 and 3, are grandfather, father and brother respectively of Sunil Chauhan, husband of plaintiff No. 1; that there was a joint Hindu family consisting of the defendants and plaintiff No. 1 s husband who died on 25th April, 1996. The plaintiffs claim that they are entitled to 1 /3rd share in the suit property and that plaintiffs are otherwise entitled to residence on the second floor of the suit property. The defendants in their written statement while denying the averme








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