MANALI SINGHAL Vs. RAVI SINGHAL & ORS

JUDGEMENT

(1.) This is an application filed by the defendant no.1 seeking amendment of his written statement. The subject suit is a suit filed by the plaintiff/wife against the defendants, including defendant no.1/husband. The subject suit seeks relief of specific performance of an Agreement dated 4.11.1994 which gave various rights to the plaintiff, inter alia of maintenance. By the present amendment application, various amendments are sought, and which I would deal with one by one hereinafter, but it is to be noted that it is surprising that in spite of this application remaining pending for now around 12 years, the application is being argued today. This I say so because actually this application ought to have been argued before issues were framed on 27.2.2006 i.e around six years back. In a way therefore, I think the fact that issues were already framed and the application was not pressed at that stage shows the seriousness in pursuing of the present application. I would like at this stage to set out the issues which have been framed in this case inasmuch as they are as many as 19 in number.

(2.) The issues framed on 27.2.2006 read as under:-

(3.) Defendant no.1 has filed a detailed written statement. There are various pleas of facts for denying the entitlement of the plaintiff to right under the Agreement dated 4.11.1994. Defences include the defences which show pleas of the agreement being invalid on account of undue influence, or that plaintiff earns sufficiently and so on. Defendant no.1 has in fact also filed a counter-claim seeking certain assets standing in the name of the plaintiff. The golden thread which runs through the defence is of disentitlement of the plaintiff to claim the rights under the Agreement dated 4.11.1994 and these defences are stated in detail in the written statement, and pursuant to which, the aforesaid issues have been framed.