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2002 Supreme(P&H) 746

M.M.KUMAR
Rita Bedi – Appellant
Versus
Jagmohan Singh – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.L. Sharma, Advocate.
For the Respondent:Mr. Ashok Aggarwal, Advocate.

JUDGMENT

M.M. Kumar, J. - This revision filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity, the Code) is directed against the order dated 27.8.2001 passed by the Civil Judge (Junior Division), Chandigarh, declining the prayer of the plaintiff-petitioner seeking permission to permit her to place on record the amended plaint which was allowed to be amended on 18.8.2000 subject to payment of Rs. 200/-. The principal ground for refusing permission to place on record the amended plaint mentioned by the Civil Judge is that the plaintiff-petitioner failed to pay the costs of Rs. 200/- on the adjourned date i.e., 30.8.2000 despite the fact that the cost was demanded by the defendant-respondent.

2. Brief facts of this case which led to the filing of the present revision petition are that the plaintiff-petitioner filed Civil Suit No. 240 of 13.9.99 for declaration to the effect that the plaintiff and the defendant are in exclusive use and occupation of half share of House No. 640, Sector 16-B, Chandigarh. The basis of the claim is that both of them have succeeded in equal shares on the death of their father as per family settlement have also been specified in the famil
















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