AJIT SINGH Vs. ADARSH KAUR GILL

JUDGEMENT

(1.) BY this order I shall dispose of an application under Order 6 Rule 17 CPC made by the defendant for amendment of the WS.

(2.) IN the application, the defendant has stated that vide order dated 23rd april, 2008 this Court had allowed the defendant to withdraw the amended WS and file it again with a suitable application so this application under Order 6 rule 17 CPC is made. The reason for seeking amendment of the WS is to crystallize the real question to be determined in the suit. It is submitted that defendant had earlier filed an application under Order 7 Rule 11 CPC stating that suit was barred by limitation. This application was dismissed by the Single Judge of this Court however, in appeal against the order of Single Judge, the Division Bench held that except reliefs 'a', 'h' and 'i' all other reliefs were barred by limitation and suit shall proceed in respect of reliefs 'a', 'h' and 'i'. The plea taken by the defendant is that since trial has not commenced in respect of reliefs 'a', 'h' and 'i' even the defendant should be permitted to amend the WS since it would not cause any hardship to the plaintiff.

(3.) IT is further stated that the plaintiff had come to the Court with a specific plea of existence of a Will and a 'codicil' however, subsequently plaintiff took a stand that codicil was not available so he should be allowed to delete the paragraphs from the plaint regarding 'codicil' and the plaintiff would rely upon Will and other writings of the deceased. Plaintiff was therefore permitted to amend the plaint so as not to rely on codicil and the defendant was also permitted to amend the WS accordingly. However, defendant wanted to make further additions and alterations in the WS and hence this application under Order 6 Rule 17 CPC.