DEVINDER SINGH Vs. SMT. VIDYA DEVI

JUDGEMENT

(1.) THIS petition is directed against the order dated 30.9.2010 whereby the learned Civil Judge (Junior Division) Rampur allowed the application filed by the Defendant seeking permission to amend the written statement.

(2.) THE undisputed facts are that the Petitioner (hereinafter referred to as the Plaintiff) filed a suit that he was the heir of late Sh. Amar Singh and that some property of his father Sh. Amar Singh had been mutated in his name and the name of the Defendant who is also the daughter of Sh. Amar Singh. The Plaintiff claimed that he is the son of Amar Singh. The Defendant, in her written statement, claimed that the Plaintiff was not the son of Amar Singh but Amar Singh's brother Bhola Singh.

(3.) ONE of the objections taken by the Plaintiff was that the Defendant could have raised this plea in the written statement and there is no explanation why such plea was not raised. The learned Trial Court held that normally a lady has only one husband and therefore the Defendant may not have pleaded the facts now sought to be brought on record.