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2008 Supreme(Online)(SC) 38

SUPREME COURT
S. B. Sinha, V. S. Sirpurkar, JJ.
Gautam Sarup v. Leela Jetlley and Others


Advocates:
For the Appellants/Petitioners: Sudhir Chandra
For the Respondents: M. L. Verma

Table of Content
1. leave granted. (Para 1)
2. will execution and beneficiaries. (Para 2 , 3)
3. procedural context and disputes. (Para 4 , 5 , 8)
4. contentions regarding admissions. (Para 10 , 11 , 16)
5. legal implications of amendments. (Para 18)
6. final judgment and ruling. (Para 29)

1. Leave granted.

2. One Shanti Sarup executed a Will. Respondents 1, 2, 3 and 6 are his daughters. Respondent No. 7 Ritu Sarup is the daughter of Respondent No.2. She had an accidental fall and became handicapped.

3. The Will executed on or about 23.9.1999 bequeathing his properties in equal shares to the appellant and the said Ritu Sarup.

4. Appellant filed a suit in the Court of Civil Judge (Senior Division), Ludhiana, inter alia, for declaration of his title to the suit properties and for a decree of permanent injunction.
Respondent No.6 Leela Jetlley, on being served with the summons appeared through one Shri M.P. Vasudeva, Advocate. She filed a written statement, admitting the averments made in the plaint.

5. A counter claim was filed by Respondent Nos.1 to 5. In their written statement, they did not deny or dispute executive of the Will by Shanti Sarup.

6. Respondent No.6, however, filed another writte
































































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