LAWS(P&H)-2013-7-81

TEJ KAUR Vs. KULWANT SINGH BAINS

Decided On July 26, 2013
TEJ KAUR Appellant
V/S
Kulwant Singh Bains Respondents

JUDGEMENT

(1.) TEJ Kaur and Jagdeep Singh Bains have filed this revision petition under Article 227 of the Constitution of India impugning order dated 29.11.2011 Annexure P/1 passed by the trial court thereby dismissing application Annexure P/7 filed by the petitioners for amendment of their written statement Annexure P/3.

(2.) SUIT has been filed by respondent no. 1-plaintiff Kulwant Singh Bains against General Public as defendant no. 1, Estate Office, UT Chandigarh as defendant no. 2 and Ajit Singh as proforma defendant no. 3. On notice to General Public, petitioners appeared in the suit and filed objections Annexure P/3 which have been treated as their written statement and they have been arrayed as defendants under defendant no. 1-General public. In their written statement, the petitioners have inter alia pleaded a Will dated 28.10.1999 allegedly executed in United Kingdom (UK) by Gurmit Singh Bains whose inheritance is in dispute. By amendment of their written statement, the petitioners also want to plead another registered Will dated 3.12.1985 allegedly executed by Gurmit Singh Bains at Phagwara in India. The petitioners alleged in their amendment application that they had filed application dated 28.7.2009 under section 151 of the Code of Civil Procedure (in short, CPC) for producing the Will dated

(3.) REPLY on behalf of respondent no. 9 filed today in Court is taken on record subject to all just exceptions. Copy given to the opposite counsel.