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2006 Supreme(P&H) 151

JASBIR SINGH
Charan Kaur – Appellant
Versus
Pritam Singh – Respondent


Advocates:
For the Petitioners:Mr. D.D. Bansal, Advocate.
For the Respondents:Mr. Jasbir Rattan, Advocate.

JUDGMENT

JASBIR SINGH, J.

1. Vide order under challenge, application of the petitioners, to amend their written statement, was dismissed.

2. It is apparent from the records that initially when suit was filed, the petitioners were not a party to the same. Suit was filed against Sarwan Singh, their predecessor in interest. Suit was dismissed. During pendency of appeal, Sarwan Singh died and in his place, petitioners alongwith respondents Nos.2 to 4 were brought on record as his legal representatives. During pendency of appeal, respondent No.1 Pritam Singh filed an application for amendment of his plaint, which, after contest, was allowed on 22.4.1996. Consequent thereto, respondent No.1 filed amended plaint on 2.5.1996, to which written statement was filed by the petitioners and legal heirs of deceased Sarwan Singh on 23.5.1996. Appeal was accepted and remanded vide order dated 30.8.1996.

3. During pendency of the suit, petitioners moved this application for amendment, wherein they prayed that they be allowed to incorporate amendments in paras No.2 and 2D of their written statement. In para No.2 of the amended written statement, they intended to take an objection that the parties are



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