KULWANT KAUR Vs. KANWALJEET SINGH

JUDGEMENT

(1.) Petitioners are defendants in Original Suit No. 21 of 2022, filed by respondents for cancellation of a Gift Deed. They are aggrieved by order dtd. 28/2/2025, passed by Civil Judge (Junior Division), Vikas Nagar, Dehradun, whereby plaintiff No. 2 was permitted to withdraw the replica filed by him. Petitioners challenged the said order in a Revision Petition, which was dismissed by learned Additional District Judge, Vikas Nagar, Dehradun vide judgment dtd. 19/5/2025.

(2.) Learned counsel for petitioners submits that permission to withdraw the replica could not have been granted, as plaintiff No. 2 had admitted that he had knowledge about the Will executed by his father in favour of his mother.

(3.) This Court is not inclined to interfere in the matter. Law is well settled that replica is not part of the pleadings. Hon'ble Supreme Court in the case of Noorul Hassan Vs. Nahakpam Indrajit Singh and others, reported in (2024) 9 SCC 353, has held as under:-