SHEELA DEVI Vs. BENI PARSHAD

JUDGEMENT

(1.) With the assistance rendered by the learned counsel for the parties, I have gone through the impugned order. I am of the considered opinion that the trial Court has committed a patent illegality in allowing the application under order 6 Rule 17 C.P.C. of the defendant No. 1, who wanted to amend the written statement by propounding a Will dated 12.8.1981. The amendment has been sought at a belated stage. The suit was instituted in the year 1986 and the said application was moved in the year 1999. Moreover, the alleged Will is an unregistered document. The defendant wanted to take the advantage of the situation. The Will was allegedly in the custody of the mother of the defendant No. 1. In these circumstances, the trial Court should not have allowed the application under Order 6 Rule 17 C.P.C., which is hereby dismissed and the impugned order dated 30.3.1999 is set aside.

(2.) Revision allowed.