BINDU SHARMA Vs. KAPIL SUD

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 10 of the Delhi High Court Act, 1966, assailing the Order dtd. 24/11/2025 passed by the learned Single Judge in CS(OS) 84/2019 whereby I.A. No. 16481/2023 filed by Respondent No.2 under Order VI Rule 17 read with Sec. 151 of the Code of Civil Procedure, 1908 ("CPC") was allowed and Respondent No.2 was permitted to amend his Written Statement by substantially altering the admissions earlier made therein.

(2.) The underlying suit has been instituted by the Appellant/Plaintiff seeking declaration, partition, permanent injunction and rendition of accounts in respect of property bearing No. M-9, Green Park Main, New Delhi measuring approximately 500 sq. yards ("Suit Property"). The Appellant and Respondents No.1 and 2 are the children and legal heirs of Late Major Satya Pal Sud and Late Smt. Promila Sud.

(3.) As per the plaint, the Suit Property was purchased by Late Major Satya Pal Sud/father of the Appellant in the name of Smt. Promila Sud/mother of the Appellant through a registered perpetual lease deed dtd. 13/12/1957, subsequently transferred to the name of Major Satya Pal Sud and was treated as part of the family estate. After the demise of Major Satya Pal Sud on 29/5/1967 intestate, the property devolved upon Smt. Promila Sud and the three children in equal shares. By mutual understanding reflected in affidavits dtd. 27/12/1990, the property was mutated exclusively in the name of Smt. Promila Sud with the understanding that the property would not be partitioned during her life time. Smt. Promila Sud passed away on 6/1/2016.