VANDANA BATRA Vs. ANUPAM GUPTA

JUDGEMENT

(1.) This is an application under Order VI Rule 17 r/w Sec. 151 CPC on behalf of defendant no. 1 for amendment of the written statement filed by defendant by no. 1 seeking amendments by incorporating certain additional paragraphs under the heading of preliminary objections of his written statement. The proposed amendments read as under:-

(2.) The facts in the present suit are that the plaintiff and the defendants are children of Late Sh. M.L. Gupta. The plaintiff filed the abovesaid suit for partition stating that Late Sh. M.L. Gupta died inte-state and the plaintiff is entitled to and seeking partition of her 1/3rd share in the properties and assets in the estate of Late Sh. M.L. Gupta.

(3.) The defendant no. 1 has objected to the captioned suit for partition on the ground that their father, i.e. Late Sh. M.L. Gupta, prior to his demise has already executed his last Will dtd. 27/12/2019 distributing all the assets left behind by him. It is also stated that the said Will was provided to the plaintiff prior to the filing of the suit and that the plaintiff was the largest beneficiary under the said Will.