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1994 Supreme(P&H) 110

G.C.GARG
Harchand Kaur – Appellant
Versus
Harinder Singh – Respondent


Judgment

G.C.Garg, J.

1. This revision is directed against the order dated March 27, 1991 whereby an application filed by the plaintiff-petitioner seeking amendment of the plaint has been dismissed by the trial Court.

2. In order to understand the controversy, it is necessary to notice few facts :-

Petitioners husband Jagmer Singh had a son, namely, Baldev Singh from his firstwife. After her death, he married again and was blessed with a son from the second wife, whose name is Gurkirat Singh. The second wife also died. Thereafter, Jagmer Singh married Harchand Kaur, the present petitioner. Harchand Kaur executed a power of attorney in favour of Baldev Singh and Gurkirat Singh sons of Jagmer Singh, born from latters first wife and (he second wife respectively. Harinder Singh son of Baldev Singh and Harpal Singh son of Gurkirat Singh filed a suit on January 15, 1978 against Harchand Kaur. The latter was sued through her attorneys, Baldev Sigh and Gurkirat Singh. The attorneys admitted the claim of Harjinder Singh and Harpal Singh wherein it had been pleaded that the parties constituted a Hindu undivided family and on dissolution thereof, property fell to their shares. Having regard to




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