DARSHAN SINGH KOCHAR Vs. JASWANT SINGH KOCHAR

JUDGEMENT

(1.) Defendants 1 (a), (b) and (c) legal representatives of deceased defendant No.1 Jaswant Singh Kochar have filed this application under Order VI Rule 17 read with Section 151 Civil Procedure Code for amendment of the written statement inter-alia alleging that while shifting from property No. A-5, Kalindi to 144, Sunder Nagar, New Delhi certain facts relating to the controversy in the present suit have come to their notice from the old records maintained by deceased defendant No. 1 and they want to bring those facts on record. Amendments sought, in brief, relate to the following pleas:-

(2.) In the reply it is alleged that the plaintiff did disclose about the filing of Suit No. 247/68 against Asha Singh Kochar and Others on the basis of his being a member of the HUF. In that suit firm M/s. B.Dadabhoy was mentioned as a Joint Hindu Family business of the parties. On the objection of the defendants including defendant No. 1, that M/s.B.Dadabhoy was a firm constituted under the provisions of Indian Partnership Act, 1932, and that it was not a Joint Hindu Family business of the parties, the plaintiff withdrew the aforesaid suit and filed the present one on the basis pleaded by the defendants themselves which was accepted by the Plaintiff. It is alleged that by means of the proposed amendments defendants 1 (a) to (c) are trying to set up an absolutely new case.

(3.) I heard the parties counsel and have been taken through the record.