CHHATTAR AND OTHERS Vs. SAVITRI

JUDGEMENT

(1.) In the instant revision petition filed under Article 227 of the Constitution of India, defendants have assailed order dated 13.08.2012 (Annexure P-2) passed by learned Civil Judge (Junior Division), Gurgaon, thereby dismissing application (Annexure P-1) moved by defendants for amendment of written statement.

(2.) By way of amendment of written statement, the defendants want to plead that Lakhi Ram, on his death, was also survived by his widow Resham and three daughters namely Ram Bati, Shugan and Santosh, and therefore, the instant suit is bad for their non-joinder, who are necessary parties being natural legal heirs of Lakhi Ram.

(3.) Respondent-plaintiff opposed the amendment application and pleaded that it was specifically pleaded in paragraph 4 of the plaint that wife of Lakhi Ram had pre-deceased him and this fact was not denied in the written statement and consequently, defendants cannot be permitted to plead that Lakhi Ram was survived by his widow. As regards daughters of Lakhi Ram, it was alleged that they are not necessary parties to the suit and they have not come forward to challenge the Will in question, set up by the plaintiff in the plaint. It was also alleged that amendment application has been moved to delay the disposal of the suit by re-opening the trial.