BUDH DEV AND ORS. Vs. HARCHARAN DASS

JUDGEMENT

(1.) THIS petition is directed against the order dated 18th May, 2010, whereby the application filed by the petitioners (hereinafter referred to as 'the defendants') for amendment of the written statement has been rejected.

(2.) BRIEF facts of the case are that the respondent (hereinafter referred to as 'the plaintiff') filed a suit claiming that he is entitled to half share of the offerings of all kinds and income of Mata Chintpurni Temple, in respect of the share of deceased Tarlochan Dass, s/o Shri Chhaju, who admittedly was his maternal grandfather. The defendants are the grandsons of Tarlochan Dass. This suit was filed in the year 2001 and it appears that the suit remained pending for eight years and, thereafter, the evidence of the defendants was recorded sometime in the year 2009. When the suit was fixed for arguments, an application was filed for amendment of the written statement, in which the plea sought to be raised was that married women are not entitled to any share of offerings of the temple as per custom and tradition of Pujaries/Baridars of Mata Chintpurni Temple. This application has been rejected on the ground that it raises a pure question of law and the defendants have not been able to show any reason why this plea could not be taken at the time of filing of the written statement.

(3.) IT is true that the application for amendment of the written statement has been made at a highly belated state, but the amendment does not, in any manner, change the nature of the dispute between the parties. The basic dispute remains the same, i.e. whether the plaintiff is entitled to a share in the offerings or not.