KANWAL KISHORE MANCHANDA Vs. RAKSHA ARORA

JUDGEMENT

(1.) The Division Bench vide order dated 24/08/1999 specifically observed that the instant application filed by the defendant shall be decided on merits alone and will not be dismissed on account of delay or for any other reason.

(2.) This is a suit for partition filed by the brother against the sister on the premise that the suit property was the exclusively owned property by the deceased father and was not the property of the partnership firm. Admittedly the plaintiff was one of the partners of the firm of which the deceased father and the defendant's sister were the other partners. The plaintiff at subsequent period of time ceased to be the partner of the firm and the firm therefore continued to be comprised of the deceased father and the defendant - It is also not in dispute that the deceased had left a will dated 23/02/1990 whereby the suit property was bequeathed in favour of the plaintiff as well as the defendant.

(3.) Through the instant application the defendant seeks to amend the written statement by way of clarification of preliminary objection No.5 of the written statement Now the defendant wants to amend the said objection by way of following averments:-