1. This hearing has been done through hybrid mode.

I.A. 6283/2023 (for amendment) in CS(OS)-267/2015 Background

2. This is an application under Order VI Rule 17 filed by Defendant No.5 seeking to withdraw the earlier written statement and to file a fresh written statement. The allegation in the application is that there was some misunderstanding on account of misrepresentation by Defendant Nos. 1&2

3. The dispute in the present suit is between the legal heirs of late Shri.

Sadhu Ram Ahir who had four sons and two daughters. The Plaintiff claims to be the eldest son of late Shri Sadhu Ram Ahir and is based in London, United Kingdom. The father of the Plaintiff and Defendant Nos. l to 5 passed away on 23rd June, 2014. Subsequent to his demise, the property bearing No. A-8/1, Vasant Vihar, New Delhi (hereinafter ‘suit property’) is claimed to have devolved on the Plaintiff and Defendant Nos. l to 5 in equal proportion of 1/6th each. The Plaintiff and Defendant Nos. l to 3 are real brothers and Defendant Nos. 4 and 5 are the two daughters of late Shri Sadhu Ram Ahir, who had filed the joint written statement.

Submissions

4. The stand of Defendants 1 & 2