ATTAR SINGH Vs. BHARPAI

JUDGEMENT

(1.) DISMISSAL of application under Order VI Rule 17 CPC for amendment of the written statement filed by defendant No.2, petitioner herein, by the lower court vide impugned order dated 17.1.2013 (Annexure P -3), forms the genesis of this revision petition.

(2.) THE applicant -defendant No.2, petitioner herein, in the written statement furnished by him had taken up a stand that he was adopted by deceased Ganga Sahai and was living with him. It was elaborated that Ganga Sahai had executed a gift deed dated 9.7.1959 in his favour.

(3.) BY way of amendment in the written statement, the applicant - defendant No.2, petitioner herein, wanted to completely remove the factum of his adoption by deceased Ganga Sahai pleaded earlier and wanted to amend the written statement averring that gift deed dated 9.7.1959 was executed in his favour on the basis of love and affection.