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2018 Supreme(P&H) 2388

RAJ MOHAN SINGH
Aadish Aggarwal – Appellant
Versus
Brijeshwar Swaroop – Respondent


Advocates:
Mr. Raj Kumar Gupta, Advocate, for applicant/respondent No.1.
Mr. Rajiv Kataria, Advocate, for the non-applicant/petitioners.

JUDGMENT

1. Main case i.e. Civil Revision No.6659 of 2016 was decided by this Court vide order dated 12.09.2017. Thereafter review application was filed by respondent No.1 on the ground that at the relevant time, two more cases were decided vide order of even date. The case law cited in the present revision petition could not be appreciated as the facts of other cases were also overlapping in nature.

2. Notice of the application was issued and thereafter, both the parties were heard.

3. An application under Order 6 Rule 17 read with Section 151 CPC was filed by the defendants for amendment of the written statement. The plea taken in the application for amendment was to the effect that in para No.4 of the preliminary objections of the written statement words “being joint Hindu family property” were inadvertently left. These words were also left out from para No.1 on merits. The aforesaid words were sought to be incorporated in the pleadings of the written statement. In para No.1 of the reply of the written statement, words “The para No.1 of the plaint is totally wrong and hence denied” were sought to be pleaded with replacement of para No.1 by the proposed amendment.

4. The applicati




















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