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2016 Supreme(Del) 272

PRADEEP NANDRAJOG, MUKTA GUPTA
ANIL TYAGI – Appellant
Versus
ARUN SHARMA – Respondent


Advocates:
Advocate Appeared:
Mr.Anupam Prakash, Advocate
Ms.Sonia A.Menon, Advocate for R-1 and R-2

JUDGMENT :

PRADEEP NANDRAJOG, J.

1. Challenge in FAO (OS) 85/2015 is to an order dated January 13, 2015 allowing IA No.14714/2014 filed by the respondents praying to be granted permission to amend the written statement filed by substituting existing para 4 of the preliminary objections to the written statement filed as also existing paragraph 5 of the written statement.

2. Challenge in FAO(OS) 86/2015 is to a subsequent order dated January 20, 2015 taking on record the amended written statement.

3. The grievance in FAO(OS) 86/2015 is that without awaiting the period of limitation within which the appellant could challenge the order dated January 13, 2015, the learned Single Judge could not have taken on record the amended written statement.

4. There was no need to file FAO(OS) 86/2015 for the reason if FAO(OS) 85/2015 were to be allowed, the order dated January 20, 2015 would fall.

5. Relevant facts to be noted would be that the appellant, as plaintiff, claimed title to the suit property under a will dated February 14, 1989 allegedly executed by Late Raj Kumari, the mother of the appellant and respondent No.1. The second respondent is the wife of respondent No.1. Claiming that Raj Ku
























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