MAN MOHAN SINGH Vs. VEENA SEHDEV

JUDGEMENT

(1.) THE respondent filed a suit for partition being CS (OS) No. 2000/2007. The said suit was contested by the appellant. On the pleadings of the parties, issues were framed on 21. 11. 2008 and in pursuance of directions of the Court, affidavits by way of examination-in-chief of two witnesses were filed by the respondent.

(2.) IT is at this stage that the appellant sought amendment in his written statement and filed an application for the same, which has been dismissed by the impugned order dated 19. 01. 2009.

(3.) A perusal of the impugned order shows that the subject matter of partition suit is the immovable property of late Balwant Singh. Late Balwant Singh is survived by five heirs being three sons and two daughters. The respondent acquired the interest of two daughters and two sons and, thus, claimed to be entitled to 4/5th share in the property with the appellant left with only 1/5th share. The property is a leasehold property and the respondent has registered agreements in her favour.