KULWANT SINGH AND ANOTHER Vs. BALBIR KAUR

JUDGEMENT

(1.) By this revision petition, the petitioners, who were defendants in the suit filed by the respondent-plaintiff (their sister), challenge the order of the learned appellate Court dated 01.06.2013, by which the petitioners' application under Order 6 Rule 17 of the Code of Civil Procedure, seeking permission to amend their written statement, was dismissed.

(2.) In her suit, the respondent-plaintiff has sought a decree of declaration to the effect that she is owner in joint possession of the suit property to the extent of a 1/3rd share therein, the said property having previously been in the ownership of their father, Puran Singh, and therefore it devolved equally upon his three children, after his death. She also challenged the validity of the will executed by their late father, dated 29.03.1981, as also the will stated to be executed by the mother of the parties on 10.05.1988.

(3.) The present appellants in the written statement filed by them admitted their father to have been the owner of the suit property but claimed that it had been bequeathed to them by their parents vide the aforesaid two wills. Hence, they claimed to be owners in possession of the suit property, to the exclusion of the respondent.