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2008 Supreme(HP) 601

DEEPAK GUPTA
Krishan Lal – Appellant
Versus
Ganga Devi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Romesh Verma.
For the Respondents: Vishal Panwar, G.S. Rathore.

JUDGMENT :

DEEPAK GUPTA, J.

1. This petition is directed against the order of the learned Civil Judge (Senior Division), Solan dated 9.5.2007 whereby he has rejected the application filed by the petitioner (hereinafter referred to as the defendant No. 1) for amendment of the written statement.

2. Briefly stated, the facts of the case are that Smt. Ganga Devi filed a suit against the petitioner Krishan Lal and Man Singh. Later on one Ramesh Chand who had derived title from the defendant Man Singh was also impleaded as defendant No. 3. According to the plaintiff she is the daughter of Smt. Vidya Devi widow of Shri Shankar and defendant No. 2 is her brother and she and defendant No. 2 are the only natural heirs of deceased Vidya Devi entitled to inherit the suit land in equal shares.

3. Defendant No. 1 filed a written statement in which he alleged that he was also the son of Smt. Vidya Devi from the loins of Sh.Shankar and the natural heir of Vidya Devi and Shankar. However, according to him he had been adopted by Daulat Ram @ Daulia real brother of Shankar and therefore in the record he was shown as the son of Daulat Ram. According to him being the natural heir of Shankar and Vidya he wa

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