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2006 Supreme(P&H) 2996

HEMANT GUPTA
Gautam Sarup – Appellant
Versus
Anand Sarup – Respondent


Judgment

Hemant Gupta, J.

1. The challenge in the present revision petition is to the order dated 23.03.2005 passed by the learned trial Court permitting defendant No. 6 to amend her written statement filed earlier on 30.03.2000.

2. The dispute in the present suit for declaration is regarding the estate of one Shanti Sarup. The plaintiff is claiming the estate of one Shanti Sarup on the basis of Will dated 23.9.1999 whereas defendants No. 1 to 4 are disputing the said Will and, in fact, relying upon holograph Will dated 18.11.1982. The said suit for declaration was filed on or about 03.03.2000 in which defendant No. 6 Mrs. Leela Jetly, daughter of Shanti Sarup, has filed written statement dated 30.03.2000. In the said written statement, the said defendant has admitted that deceased Shanti Sarup was 95 years of age at the time of his death on 5.11.1999 and that he died of heart attack. Still further, execution of Will dated 23.9.1999 is admitted to have been executed by Shanti Sarup in favour of the plaintiff and defendant No. 7. It is also admitted that Shri A.C. Aulock has attested the said Will as marginal witness along with the said defendant in the presence of executant of the s

















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