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RITU TAGORE
Roshan Lal through testamentary heir Bharat Bhushan – Appellant
Versus
Durga Dass through Natural Heirs – Respondent
JUDGMENT :
Ritu Tagore, J.
1. This common order shall dispose of the above-mentioned revision petition(s), arising from two orders (Annexure P-10 and Annexure P-11) respectively, passed by learned Civil Judge (Junior Division) Bhathinda on 11.07.2024, in the suit titled Durga Dass through natural heirs and another Vs. Roshan Lal through testamentary heir.
2. In brief the facts are that LRs of deceased Durga Dass son of Ram Narain and Makhan Lal son of Ram Narain (since deceased) respondents No. 1 and 2, instituted a suit for separate possession by way of partition (Annexure P-1), against the petitioner/defendant Roshan Lal son of Radha Krishan, through his testamentary heir Bharat Bhushan. The petitioner/defendant filed the written statement (Annexure P-2) and counter claim (Annexure P-3). The respondent/plaintiffs filed the reply (Annexure P-4) to the counter claim. Thereafter, petitioner filed replication (Annexure P-5). After closing of the pleadings, issues were framed, and case was posted for evidence of respondents-plaintiffs. After completion of the respondent/plaintiffs’ evidence, case was scheduled for the petitioner’s/defendant evidence, when an objection was raised through
Procedural defects in legal documents are curable and should not prevent the pursuit of justice, as established by the court's ruling.
It well settled that any defect in signing memorandum of appeal or any defect in the authority of the person signing the memorandum of appeal, or omission to file vakalatnama executed by appellant, a....
Amendments to pleadings under CPC should be allowed liberally unless they change the nature of the suit or cause injustice to the other party.
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A categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment. The attempt to change the entire stand from denying the execution of the agreement to admitti....
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