CHARAN KAUR Vs. PRITAM SINGH

JUDGEMENT

(1.) VIDE order under challenge, application of the petitioners, to amend their written statement, was dismissed.

(2.) IT is apparent from the records that initially when suit was filed, the petitioners were not a party to the same. Suit was filed against Sarwan Singh, their predecessor-in-interest. Suit was dismissed. During pendency of appeal, Sarwan Singh died and in his place, petitioners alongwith respondents Nos. 2 to 4 were brought on record as his legal representatives. During pendency of appeal, respondent No. 1 Pritam Singh filed an application for amendment of his plaint, which, after contest, was allowed on 22.4.1996. Consequent thereto, respondent No. 1 filed amended plaint on 2.5.1996, to which written statement was filed by the petitioners and legal heirs of deceased Sarwan Singh on 23.5.1996. Appeal was accepted and remanded vide order dated 30.8.1996.

(3.) THIS Court feels that so tar as amendment in para No. 2 of the written statement is concerned, that cannot be allowed at this stage. The said plea that the parties were being governed by customs before coming into existence of Hindu Succession Act, was very much available to petitioners when written statement was filed earlier. So far as amendment in para 2D of the written statement is concerned, by the said amendment, the petitioners intended to bring on record a fact that registered Will was executed in favour of Tota Singh, their predecessor, by Sarwan Singh deceased. This Court feels that the document, which the petitioners now intend to bring on record, is registered one and as such, its authenticity cannot be doubted at this stage. It will be open to the trial Court to look into validity of the Will as per law, during the trial. This Court feels that the existence of the Will was very much within the notice of respondent No. 1 as he had moved one application earlier with a prayer that the respondents be asked to produce on record the said Will. This Court feels that in the interest of justice and for proper adjudication of lis between the parties, it is necessary that the petitioners be allowed to incorporate factum regarding execution of Will by Sarwan Singh in favour of Tota Singh by amending their written statement. Accordingly, this revision petition is allowed, order under challenge, is set aside and the petitioners are allowed to amend their written statement and incorporate the plea which they intended to add in para No. 2D of the written statement. Order passed is subject to payment of costs of Rs. 3,000/- to be paid by the petitioners to the respondents before the trial Court on the next date of hearing.