LAWS(P&H)-2018-7-159

SAVITA SINGH Vs. GURU JAMBHESHWAR UNIVERSITY AND ANR

Decided On July 03, 2018
SAVITA SINGH Appellant
V/S
Guru Jambheshwar University And Anr Respondents

JUDGEMENT

(1.) Petitioner has challenged the order dated 11.01.2017 passed the Civil Judge (Jr. Divn.) Hisar, whereby application for amendment of written statement filed by her was dismissed.

(2.) Brief facts are that plaintiff/respondent No.2 Smt. Raj Bala filed a civil suit for declaration to the effect that she was entitled to receive half ( ) share of benefits/pensionary benefits of late Sh. Anil Kamar, who was working as clerk with defendant No.1/respondent No.1 being class I heir and mother of the deceased Anil Kumar, who expired on 09.07.2015. Restraint order was sought from releasing the share of plaintiff to defendant No.2/petitioner.

(3.) In the written reply filed by defendant No.2/petitioner, she gave consent to give 1/2 (50%) of the pension and other benefits to the plaintiff, but thereafter filed an application for amendment of written statement on the ground that after judgment of Hon'ble the Apex Court, published in The Times of India (Delhi Edition) dated 30.09.2016, the defendant is entitled to get 100% pension after the death of Anil Kumar. On this premise the application for amendment in written statement was filed.