Manoj Kumar Sharma vs Manju Kaushik - 2023 Supreme(P&H) 1682

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1682

GURBIR SINGH
Manoj Kumar Sharma – Appellant
Versus
Manju Kaushik – Respondent

Advocates appeared:
For the Parties :Mr. Ashok Aggarwal Senior, Advocate, Mr. Himanshu Arora, Mr. Mukul Gupta, Mr. Amit Kumar Jain, Mr. Aryaman Thakur, Mr. Anupam Mathur

Judgment

Mr. Gurbir Singh, J.

Challenge in this revision petition is to the order dated 19.11.2022 (wrongly mentioned as 15.10.2022) (Annexure P-1), passed by learned Civil Judge (Junior Division), Gurugram (for brevity – Trial Court), whereby application moved by the petitioners/defendants no.4, 6 and 7 (hereinafter referred to as – the defendants), seeking amendment of written statement, has been dismissed.

2. The brief facts of the case are that plaintiffs/respondents no.1 to 3 (hereinafter referred to as – the plaintiffs) filed a suit for declaration and partition against the defendants, seeking consequential relief of permanent injunction inter alia on the ground that the suit property was ancestral property in the hands of their father late Shri Ravi Dutt Sharma, when he inherited the same from his father late Shri Ram Chander Bhardwaj and plaintiffs have co-parcenary rights in the suit property. The plaintiffs have 1/8th share each i.e. 3/8th share in the suit property. The decree dated 10.06.1983 and mutation in the revenue record, pursuant to the said decree, are illegal, null and void and not binding upon the plaintiffs as the said decree was result of fraud. The sons of lat