SMT. SANDHYA PANWAR & ANOTHER Vs. SHRI JIVAN SINGH & ANOTHER
HIGH COURT OF UTTARAKHAND
Smt. Sandhya Panwar And Another
Shri Jivan Singh And Another
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B.S. Verma, J. -
(1.) By means of this writ petition, the petitioners have prayed to issue a writ or direction in the nature of certiorari for quashing the impugned judgment and order dated 15.12.2010, passed by learned Additional District Judge/FTC-II, Dehradun in Civil Appeal No. 53 of 2009, Jeevan Singh & another v. Shri Kanwar Singh & another whereby the revisional court has given permission to the plaintiff to move fresh amendment application in respect of factum of adoption within a period of one month.
(2.) Brief facts, giving rise to this petition, are that an amendment application was filed by the plaintiff (annexure No. 4 to the writ petition) to amend the suit and sought permission to incorporate following paragraphs in the plaint:-
"8A. That Smt. Sandhya, the sister of the plaintiffs was adopted by Shri Surender Kumar Verma in the year 1968. At the time of adoption, the aforesaid Smt. Sandhya was aged about 10 years. Since the day of adoption, Smt. Sandhya severed her all connections from the family of her natural parents and became a part of the family of Shri Surinder Kumar Verma.
8(B) That from the day of adoption in the family of Shri Surinder Kumar Verma, Smt. Sandhya lost her rights and inheritance from the family of Shri Balbir Singh, on this ground alone, the defendant No. 2 cannot claim any right in the property in dispute."
(3.) The application was heard by the learned Additional Civil Judge (S.D.)/ACJM IInd, Dehradun and vide order dated 30.04.2009 the same was rejected on the ground that the plaintiffs want to withdraw the admission made by them in the plaint that Smt. Sandhya Singh Panwar (defendant No. 2) is the sister of the plaintiffs and Shri Kanwar Singh Panwar (defendant No. 1) is her husband.;
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