SEETO ALIAS SEEBO Vs. NASIB KAUR

JUDGEMENT

(1.) Present revision petition is directed against the order dated 27.7.2004, passed by the court below whereby amendment in written statement has been allowed.

(2.) Learned counsel for the petitioner has argued that in the written statement filed by defendant Nasib Kaur, she admitted that plaintiff was daughter of Hakam Singh. According to him, by way of amendment defendant has sought to resile from admission made in the original written statement. He has placed reliance on the judgment of this court reported as Sarbjeet Kaur Vs. Jangir Singh & others,2003 1 CRJR 370.

(3.) Learned counsel appearing for respondent has opposed the prayer. He submits that admission was made by defendant under erroneous impression. In view of the fact that suit was instituted prior to amendment in CPC, proviso to Order 6 Rule 17 would not be attracted.