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2018 Supreme(All) 2071

SUNITA AGARWAL
TEJ BAHADUR – Appellant
Versus
FASIUDEEN – Respondent


Advocates:
Counsel :
Subhash Chandra Tiwari for the Petitioners; Awes Iqbal and Mukhtar Alam for the Respondents.

JUDGMENT

Hon’ble Mrs. Sunita Agarwal, J.—Heard learned counsel for the parties.

2. In a suit, namely Original Suit No. 92 of 2002 (Fasiudeen and others v. Tej Bahadur and others) instituted on 29.2.2002, seeking declaration for partition of a house (hereinafter referred to as “the suit property”), written statement was filed by petitioners/defendant No. 1, 2, and 4 to 7 on 26.5.2003. The defendant No. 3 had filed a separate written statement on 5.12.2004. The defendant No. 8, who claimed to have stepped into the shoes of the defendant No. 3 and impleaded in the suit, filed his written statement on 5.10.2017. The suit has proceeded and the evidence of both the parties were concluded. At the stage of arguments, an amendment application dated 5.9.2018 was filed by defendant Nos. 1, 2 and 4 to 7 seeking amendment of paragraphs ‘33’, ‘34’ and ‘36’ of the original written statement Paper No. Ka-55 dated 26.5.2003. The amendment application registered as Paper No. 468-A was rejected by the trial Court. The matter was taken up in revision which was dismissed vide order dated 11.10.2018. Both the orders are under challenge in the present petition.

3. Learned counsel for the petitioners/defen


















































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