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1979 Supreme(All) 204

MAHAVIR SINGH
RANI DEVI – Appellant
Versus
TRILOK SINGH – Respondent


Advocates Appeared:
J.C.Srivastava, K.S.Bajpai, Lekh Chand, N.K.PANDEY

MAHAVIR SINGH, J.

( 1 ) THIS is a revision by the defendant-applicant against the order of the learned lower appellate court rejecting her application for amendment of the written statement.

( 2 ) RELEVANT facts are that the plaintiff-respondent No. 1 had filed a suit for possession of a house. He had alleged that he was the allottee of this house and that he had allowed the defendant No. 1 appellant to live with him for some time but in his absence she got the house allotted in her name. Later, on his representation, the allotment was cancelled but she forcibly occupied the house and took away some articles. He valued the suit on the annual rent at Rs. 132/ -.

( 3 ) THE defendant No. 1 appellant contested the suit on various grounds which are not relevant for the purpose of this revision,

( 4 ) THE learned lower court decreed the suit of the plaintiff-respondent No. 1. The defendant No. 1 then filed an appeal in the court of the District Judge, During the course of the pendency of the appeal the appellant moved an application for amendment of her written statement to take the plea of insufficiency of valuation and court-fee and also that the plaintiff-respondent had no right to fil









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