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2016 Supreme(Del) 3722

JAYANT NATH
SUBHASH CHANDER BHATIA – Appellant
Versus
RAJ KUMAR BHATIA – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ankit Jain.
For the Respondent: Mr. J.P. Sengh, with Mr. Sanjay Rathi and Ms. Manisha Mehta.

JUDGMENT :

JAYANT NATH, J.

1. By the present petition filed under Article 227 of the Constitution of India, the petitioner seeks to impugn the order dated 11.04.2016 by which an application filed by the respondent under Order 6 Rule 17 CPC for amendment of the written statement was allowed.

2. Some of the relevant background facts of the case are that the suit is filed for possession and arrears of damages and mesne profits against the respondent for property No. 1/6, Ramesh Nagar (First Floor) New Delhi. Originally, the plaint was filed by the mother Smt. Sharda Rani Bhatia against her son, the respondent. It was stated that late Sh. Desh Raj Bhatia out of his own funds purchased the property measuring 100 sq. yards in Ramesh Nagar vide lease deed dated 13.02.1962. On the death of Sh. Desh Raj Bhatia, his children relinquished their rights and interests in favour of their mother Smt. Lajwanti Bhatia i.e. the widow of late Sh. Desh Raj Bhatia. Smt. Lajwanti Bhatia who became owner of the property in her life time executed a Will in favour of her son Sh. Ratan Lal Bhatia. On the death of Smt. Lajwanti Bhatia, Sh. Ratan Lal Bhatia hence became the exclusive owner of the property. The or








































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