PARAMJEET KAUR Vs. KARTAR KAUR

JUDGEMENT

(1.) THE application for amendment in the plaint was sought by the plaintiff, the mother of the deceased person, who had earlier filed the suit for relief of injunction against the grant of retiral benefits to the defendants, later filed an application for amendment seeking for a declaratory decree that plaintiffs were alone entitled to be treated as legal heirs of the deceased and that all the assets shall be given to them. The basis of the amendment was denial of the status of the 1st defendant as the widow of the deceased employee and urging that the first defendant had already been married to another person and the socalled marriage with the deceased subsequently without dissolution of the earlier marriage would be null and void and that the first defendant would not be entitled to claim herself to be the heir of the deceased employee. The amendment also brought in further averments denying the status of defendants 2 and 3 as the children of the deceased person and also stating in the alternative that if at all, there could only be illegitimate children who could claim any right to the assets of the deceased employee in relation to the retiral benefits.

(2.) THE Court, while ordering the amendment, has taken note of the fact that the plaintiff shall have a full opportunity to state all the relevant facts which have come by the knowledge and a Court shall not allow the parties hyper - technical objections from entertaining pleas against amendment of pleadings.

(3.) THE order of the Court below permitting the amendment to the plaint is under the circumstances fully justified and reserving the liberty to the defendant to file an additional written statement on the amended pleadings, the Civil Revision is accordingly dismissed.