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2018 Supreme(P&H) 4139

AMOL RATTAN SINGH
Dharam Pal And Others – Appellant
Versus
Rekha Rani And Others – Respondent


Advocates Appeared:
A.K. Khubbar, Adv., Satish Chaudhary, Adv.

JUDGMENT

Amol Rattan Singh, J. - By this petition, the petitioners challenge the order of the learned appellate court dated 13.12.2017 (Annexure P-6), dismissing an application filed by them under Order 6 Rule 17 of the CPC, seeking to amend their written statement at the stage of the appeal.

2. The short background to the matter is that upon a suit having been instituted by the respondents-plaintiffs (sister and mother respectively of the petitioners-defendants), seeking partition of the suit property that is contended to have devolved upon them upon the death of the father of (the rest of) the parties to the lis (husband of respondent no.2 herein), that suit was decreed in favour of the respondents-plaintiffs by the learned trial court on May 07, 2015, against which judgment and decree an appeal has been filed by the present petitioners before the first appellate court.

    The application for amendment of the written statement was filed on 31.08.2017, with the original written statement having been filed before the trial court, as per the impugned order itself, on July 30, 2012, the suit having been instituted on 30.01.2012.

    3. Vide the amendment sought in the written statement, the

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