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1979 Supreme(P&H) 246

C.S.TIWANA
Randhir Singh – Appellant
Versus
Kamlesh – Respondent


Judgment

1. Randhir Singh who is one of the defendants in a suit instituted by his step-sister in the Court of Shri N.C. Nahata, Subordinate Judge, II Class, Narwana, has filed this revision against an order dated April 21, 1975, whereby permission to the plaintiffs had been granted for the amendment of plaint on payment of Rs. 40/- as costs. The main ground of attack against the order is that the plaintiffs got introduced contradictory pleas through the amendment.

2. Relationship of the parties, inter se is like this, Chhailu has a wife named Rampati. He had a son named Randhir from his first wife. From Rampati he has a son named Subhash and four daughters who are being referred to as the plaintiffs. The suit had been filed by the plaintiffs for avoiding a previous declaratory decree dated November 6, 1971, which had been obtained by the defendants in a collusive manner by practicing fraud upon the Court. By virtue of that decree land in dispute measuring 414 Kanals 10 Marlas situated at a certain village was to be owned by Chhailu, Rampati and Randhir Singh in shares to the exclusion of the plaintiffs and their brother. This was the specific plea taken by the plaintiffs to the pre









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