DEEPINDER SINGH POONIAN Vs. AMAN LEGA AND OTHERS

JUDGEMENT

(1.) Defendant no. 1, aggrieved by order dated 24.12.2012, passed by the trial court, has filed this revision petition under Article 227 of the Constitution of India to challenge the said order. By the said order, trial court has dismissed application (Annexure P-4) filed by defendant no. 1 for amendment of his written statement (Annexure P-2).

(2.) It is unfortunate dispute among family members. The dispute relates to inheritance of late Lt. Col. Karnail Singh Poonian. Respondents no. 1 and 2/plaintiffs are daughters of the deceased, whereas defendants (petitioner and proforma respondent no. 3) are son and wife respectively of the deceased. Plaintiffs have claimed 1/4th share each in the suit property as natural heirs of the deceased, whereas defendant no. 1 has set up Will dated 30.10.2009 allegedly executed by the deceased. Defendant no. 2 is said to have adopted written statement (Annexure P-2) filed by defendant no. 1. Defendant no. 1, in his application (Annexure P-4), alleged that he has recently come to know that his late father also executed Will dated 07.03.1972, while serving in Defence Services, as per rules of the Services. According to the said Will, defendant no. 2 became sole and absolute owner of all the properties of the deceased. By amendment of written statement, defendant no. 1 wants to plead the said Will dated 07.03.1972.

(3.) Plaintiffs, by filing reply (Annexure P-6), opposed the amendment application and controverted the averments made therein. Both the alleged Wills were disputed.