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2023 Supreme(P&H) 1129

NIDHI GUPTA
Jagjit Singh – Appellant
Versus
Jasmer Singh – Respondent


Advocates appeared:
Mr. Akash Kumar Goel, Advocate for the petitioner.
Mr. Atul Jain, Advocate for respondents 6 and 7.

NIDHI GUPTA, J.

1. Present revision petition has been filed by the plaintiff seeking setting aside of order dated 13.7.2017 passed by Civil Judge (Junior Division), Rajpura whereby the application filed by the defendants no.6 and 7/ respondents no.6 and 7 herein, under Order 6 Rule 17, Code of Civil Procedure,1908 (hereinafter referred to as CPC) read with Section 151 CPC, for amendment of their written statement, has been allowed.

2. Brief facts involved in the present revision petition are that the petitioner/ plaintiff had filed the instant suit (Annexure P-1), for separate possession by way partition; and for declaration to the effect that the sale deed dated 30.7.1997 in favour of defendants no. 6 to 8/ respondents no. 6 to 8 herein, is wrong, illegal and nullity qua the rights of the plaintiff.

3. Upon notice, the contesting defendants no. 6 and 7/respondents no.6 and 7 herein appeared and filed their joint written statement on 18.2.2014 (Annexure P-2) to the civil suit filed by the petitioner. Thereafter, the ld. Trial Court framed the issues on 3.11.2014 and the petitioner concluded his entire evidence by January 2017; and defendant evidence commenced.

4. However, thereafter, o

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