SHANTI DEVI Vs. SUBODH KUMAR AND ANOTHER

JUDGEMENT

(1.) Heard Sri Rajiv Joshi, learned counsel for the revisionist and Sri Kshitij Shailendra, learned counsel for the respondents.

(2.) This revision has been filed against the order dated 14.5.2013 passed by the Civil Judge (Senior Division), Chandausi, Moradabad in Original Suit No. 103 of 2009 (Subodh Kumar Vs. Nathu and Another), by which the application no. 160-Ka seeking amendment in written statement of revisionist's (defendant no. 2) has been rejected.

(3.) On 24.9.2009, the respondent no. 2 (plaintiff) filed Original Suit No. 103 of 2009 (Subodh Kumar Vs. Nathu and Another) for partition of the house situated at Mohalla: Sambhal Gate, Chandausi, Moradabad claiming 2/3 share in the said property. The revisionist (defendant no. 2) filed a written statement on 28.11.2011 along with counter-claim denying the entire allegations as set up in the plaint. The evidence of the parties in the suit was closed on 29.3.2013. Thereafter, an amendment application no. 160 - Ka was filed on 30.4.2013 at the final hearing stage, on the ground that during the preparation of the case for final hearing, it transpired that there is a typographical mistake in the written statement. It is also stated that the revisionist is an old lady and she does not understand the implication of law.