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Shaukat Ali & Others v. Nafisul Hasan - WRIT - C No. 31927 of 2007 [2007] RD-AH 12393 (19 July 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Janardan Sahai,J

The petitioners are the defendants in the suit. By the impugned order dated 18.8.04 the trial court allowed the amendment application filed by the plaintiff respondent. The order was challenged in revision, which has been dismissed.

I have heard Sri R.C.Singh counsel for the petitioners and Sri S.A.Lari counsel for the respondent.

Two submissions were made by Sri R.C.Singh counsel for the petitioners, namely that by the amendment the petitioner has sought introduction of a time barred relief for cancellation of the Will and also some some amendments in the body of the plaint. The second contention is that the petitioners have not been given a chance to file additional written statement in reply to the amendment.  As regards introduction of a time barred relief, it is open to the petitioners to to raise this question in the suit itself. Needless to say the petitioners have also a right to file additional written statement in rebuttal of the pleas raised by the amendment. If no opportunity has been given to the petitioners, the same shall be provided to the petitioners. No ground for interference has been made out. With these observations, the writ petition is dismissed.


wp 31927/07


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