RAM PHAL Vs. DHARAM SINGH

JUDGEMENT

(1.) THE petitioner is the plaintiff who has a grievance that the trial court has allowed for an amendment in the written statement that amounted to withdrawal of admissions made already regarding plaintiff's status.

(2.) THE petitioner, who is the plaintiff, and the contesting respondents are the sons of Hazari Lal. Hazari Lal had a brother named Shiv Lal. The plaintiff's contention was that Shiv Lal had no issue and, therefore, the plaintiff was given in adoption to Shiv Lal through adoption deed dated 19.2.1968. The suit was filed for partition of 1/5th share claiming a share on the basis of a Will alleged to have been executed by the biological father Hazari Lal granting to him a share equal to the other sons of Hazari Lal. Hazari Lal admittedly is no more and the plaintiff's claim to the property is on the basis of a Will and not by natural succession, he having gone in adoption to Hazari Lal's brother Shiv Lal. The reference in the plaint to the Will is set out in para 6 and the reference to the fact that he was given in adoption is set out in the 1st paragraph itself. The 1st paragraph reads as under: -

(3.) THE defendants have now filed an application stating that they had inadvertently made reference to the plaintiff as adopted when there was no such adoption. At the time of arguments, it was also stated that in a suit filed with reference to the estate of Shiv Lal, the adopted father of the plaintiff, the defendants had denied the adoption. They would, therefore, contend that while they denied the adoption in yet another suit, they have inadvertently admitted the adoption. The court below found that all the admissions made with reference to the adoption could be modified in the manner sought for by the defendants by adopting negative expression of 'not' before every expression of the plaintiff being described as adopted son.