BALBIR SINGH Vs. SANT KAUR

JUDGEMENT

(1.) The plaintiffs are in revision petition aggrieved against the order passed by the learned trial Court on 27.7.1993, whereby an application filed by Sant Kaur defendant was accepted and the objection filed by the plaintiffs that the defendant cannot file a written statement different to the one filed by her predecessor-in-interest, was declined.

(2.) The plaintiffs are the brothers of deceased Simarjit Kaur. A suit for declaration has been filed by the plaintiffs alleging a family settlement with Simarjit Kaur. It is the case of the plaintiff that Simarjit Kaur entered into a family settlement in respect of the estate of her husband Kuldip Singh, who died leaving behind his wife Simarjit Kaur, Sant Kaur, his mother and his son Dilbagh Singh. Subsequently Dilbagh Singh also died and therefore, Simarjit Kaur entered into a family settlement with the plaintiffs. Therefore, the plaintiffs sought a declaration to that effect.

(3.) In the said suit, an admission written statement was filed by Simarjit Kaur but after her death on 11.10.1992, the plaint was amended and the defendant Sant Kaur was impleaded as legal heir of Simarjit Kaur.