J. S. NAGPAL Vs. SUBE SINGH

JUDGEMENT

(1.) This order of mine shall dispose of two revision petitions bearing CR No. 507 of 2015 and 5728 of 2014.

(2.) The petitioner-defendant No.5 is aggrieved in CR No. 507 of 2015 of the order declining permission to file written statement. In essence, recall of the statement suffered by the counsel on 4.4.2012 viz-a-viz having not to file the written statement and in CR No. 5728 of 2014 the petitioner is aggrieved of the order whereby after allowing the amendment of the plaint permission sought to file amended written statement has been declined.

(3.) Learned counsel appearing on behalf of the petitioner-defendant No.5 submits that three days prior to the suffering of the statement by the counsel, defendant Nos. 1 to 3 executed a registered gift deed dated 29.3.2012 and the suit for declaration claiming right and interest in the same gift deed in favour of defendant Nos. 4 and 5 has become essential and necessary to contest the same. In support of his contentions he has relied upon the judgment in Himalayan Cooperative Group Housing Society Vs. Balwan Singh, 2015 7 SCC 373 and prays for setting aside of the order.