GURDEV KAUR Vs. MAL SINGH

JUDGEMENT

(1.) Amendment of the written statement, in appeal, is the matter is controversy in revision here.

(2.) The contest in the suit is between the brothers of Zora Singh, who died issueless, and the petitioner-Gurdev Kaur, who claims to be his widow. According to the plaintiffs, who are the brothers of the said Zora Singh, the petitioner-Gurdev Kaur was the wife of one Gurdev Singh and she was thus not entitled to succeed to the property of Zora Singh. In the return, filed by Gurdev Kaur, she described the averments in the plaint to be incorrect and put forth the plea that she was the legally wedded wife of Zora Singh. During the trial, the decree for restitution of conjugal rights granted to Gurdev Kaur against her husband Gurdev Singh, Exhibit P-2, was brought on record. The other document which deserves note is Exhibit P-3, the copy of the order passed under Section 488 of the Code of Criminal Procedure awarding Gurdev Kaur maintenance against her husband Gurdev Singh. This order is of March 15, 1963.

(3.) When the matter came up in appeal before the lower appellate Court, an application for amendment of the written statement was filed by Gurdev Kaur to take up the plea that her earlier marriage with Gurdev Singh had been dissolved by a decree of divorce and it was thereafter that she had married Zora Singh and she was thus his legally wedded wife. It is this amendment which has been disallowed by the lower appellate Court and hence this challenge in revision.