KAILASH KUMAR AND OTHERS Vs. REENA

JUDGEMENT

(1.) Having heard learned counsel for the petitioners as also perused the record so made available in Court, this Court does not find any reason to interfere with the impugned order dated 3.12.2015, passed by Civil Judge (Junior Division) , Court No.III, Amb, District Una, H.P., in Case No.617/14/2012, titled as Smt. Reena vs. Kailash Kumar and others, whereby the application of the defendants (petitioners herein) for amendment of the written statement stands rejected. In the written statement so filed by the defendants, they categorically admit the parties to the lis, to be joint owners of the suit land. Whereas, now, a stand, which is mutually contradicted, is sought to be taken that plaintiff is not entitled to any share, for not being the legally adopted daughter of the original owner, Surender Kumar. In a suit, simplicitor for permanent prohibitory injunction, such status of the parties cannot be allowed to be assailed and more specifically when admission with regard thereto is on record.

(2.) Learned counsel for the defendants relied upon the following decisions of the apex Court:-