SHAMWATI Vs. PARSANDI

JUDGEMENT

(1.) This is revision petition by Shamwati defendant No. 2 challenging order dated 18.07.2009 (Annexure P-2) passed by learned Additional Civil Judge (Senior Division), Palwal, thereby dismissing application Annexure P-1, for amendment of written statement, moved by the petitioner.

(2.) I have heard learned Counsel for the petitioner and perused the case file.

(3.) Petitioner is purchaser of property from Smt. Nirmal defendant No. 1 (respondent No. 5). Nirmal allegedly inherited it from Tek Chand. Admittedly, Tek Chand was married with Parsandi plaintiff-respondent No. 1. The petitioner claims that Nirmal is second wife of Tek Chand. By amendment, the petitioner wants to plead that there is custom among Jat Agriculturists of old Gurgaon District that a person having no male issue from his first wife can perform second marriage so as to continue his family and such second marriage would be valid marriage and both the wives would equally inherit the estate of the deceased husband. It is accordingly sought to be pleaded that Nirmal also inherited equally with Parsandi the estate of Tek Chand.