AJAY NIGAM Vs. ASHA NIGAM

JUDGEMENT

(1.) Heard learned counsel for the revisionists.

(2.) This civil revision is directed against the order dated 28.1.2010 passed by the court below rejecting the application filed by the defendant-revisionists seeking amendment in the plaint.

(3.) Undisputed facts are that suit was filed by the plaintiff-respondent seeking a decree of mandatory injunction directing the defendant-revisionists to vacate and deliver the suit property. A decree of pendenti lite and future mesne profit @ Rs. 10,000/- per month was also claimed. The suit was contested by the defendant-revisionists by filing written statement mainly on the allegations that parties were member of joint Hindu family and suit property was purchased from the nucleus/fund of the joint family in the name of plaintiff only on the sympathetic reasons. It has categorically been pleaded that plaintiff-respondent has no sound financial status in the year 1971 to purchase the suit property of her own funds. After the issues were framed and the proceedings were at the stage of evidence, an application was filed seeking amendment in the written statement purporting to add after the words sympathetic reasons .which was purchased for the benefit of all the members of the joint Hindu undivided family and the plaintiff paid no consideration for the purchase of the property in suit.. Trial court vide order dated 28.1.2010 dismissed the application.