SUKHPAL SINGH Vs. SUKHJEET KAUR

JUDGEMENT

(1.) THE plaintiffs are before this Court challenging the order dated 22.8.2008, passed by the learned court below, whereby the application filed by respondents No. 1 and 2 for withdrawing the admissions made by them in the written statement filed has been allowed and they have been permitted to file fresh written statement. The challenge is made qua the withdrawal of admissions made by respondent No. 1 only in the present petition.

(2.) BRIEFLY , the pleaded facts are that after the death of husband of respondent No. 1, namely, Kulwant Singh, who was father of respondent No. 2, respondent No. 1 agreed to sell the land belonging to her and respondent No. 2, her minor daughter, to the petitioners-plaintiffs. The agreement to sell was executed on 31.5.2000. It was mentioned therein that as part of the land was owned by a minor, respondent No. 1 will get permission of the competent court for the purpose. In a petition filed before District Judge, Sirsa, the permission was granted on 5.1.2001, as has been noticed in the impugned order. As the land was to be transferred in the names of the petitioners, suit was filed on 24.5.2002 seeking declaration to the effect that the petitioners- plaintiffs are owners in possession of the land in question on the basis of a family settlement in which respondents No. 1 and 2 appeared and filed written statement on 1.8.2002 admitting the claim of the petitioners-plaintiffs. CR No. 5370 of 2008 [2] Even the statement of respondent No. 1 was also recorded in Court on 2.8.2002 where she reiterated what was stated in the written statement.

(3.) LEARNED counsel for the petitioners is only aggrieved against the order pertaining to the application filed by respondent No. 1 which is impugned in the present petition.