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2017 Supreme(P&H) 1904

ANITA CHAUDHRY
Sheetal Parshad (deceased through LRs) – Appellant
Versus
Rameshwar Parshad Jain – Respondent


Advocates:
For the Petitioner(s):Mr. Vijay Sharma, Advocate

JUDGMENT

Mrs. Anita Chaudhry, J.:- This revision has been filed under Article 227 of the Constitution of India seeking quashing of the order dated 16.05.2017, vide which the application filed by the legal heirs of defendant no.1 for amendment of the written statement was dismissed.

2. The backdrop would be necessary. Rameshwar Parshad Jain aged 71 years filed a suit arraying his brother Sheetal Parshad and others seeking partition of a house situated at Patiala. The suit was filed in 2010. The plaintiff claimed that the share of Ram Parshad, their uncle had been succeeded by the plaintiff and defendants no.1 to 6 being the legal heirs of the deceased brother. The suit was contested by the defendants. Defendant no.1 took the plea that Ram Parshad was owner to the extent of 3/4th share and Harparshad their father was owner only to the extent of 1/4th share and the plaintiff was never in possession of the property and Ram Parshad was unmarried and was issueless and had executed a Will in his favour in 1981, which was probated and after the death of Ram Parshad he became undisputed owner of the entire property as the plaintiff had given up his right in the house as he could not pay Rs.3,
















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