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2021 Supreme(Del) 1199

ASHA MENON
Shivani Mittal – Appellant
Versus
Indu Gupta – Respondent


Advocates appeared:
Vikas Aggarwal, Advocate, Kuljeet Rawal, Advocate, Vikram Alung, Advocate

JUDGMENT

Asha Menon, J. - This petition under Article 227 of the Constitution of India has been filed by the defendant before the learned Trial Court against the order dated 10th March, 2021, whereby, the application moved by the petitioner under Order VI Rule 17 CPC was dismissed.

2. Mr. Vikas Aggarwal, learned counsel for the petitioner, submitted that the impugned order does not consider whether the amendments sought were necessary for the just disposal of the case. It was submitted that the pleas were not available to the petitioner till the decision of this Court in Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414, where the court held that the husband was a necessary party to any suit filed by his parents in respect of the property in which the estranged wife was residing.

3. Reliance has been placed by learned counsel for the petitioner on the judgment of the Supreme Court in Revajeetu Builders & Developers v. Narayanaswamy & Sons, (2009) 10 SCC 84, to submit that the amendments sought by the petitioner were those of the nature that were to be allowed. It was also submitted that issues have not been framed so far and that trial has not commenced. It was also submitted that

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