- (1.) Defendants no.2 to 4, who are also sons and legal representatives of defendant no.1 (since deceased), have filed this revision petition under Article 227 of the Constitution of India assailing order dated 26.09.2012 (Annexure P-4) passed by the trial court, thereby dismissing application (Annexure P-3) moved by the petitioners for amendment of written statement (Annexure P-2).
(2.) Respondents/plaintiffs have filed suit for permanent injunction alleging inter alia that the suit property was purchased by plaintiffs and their father Vaishno Dass Kochhar and defendant no.1 Hans Raj Kochhar in equal shares i.e. 1/4 th share each. Plaintiff no.2 has inherited the 1/4 th share of his father pursuant to his Will and thus, plaintiff no.2 is owner of half share, whereas plaintiff no.1 and defendant no.1 are owners of 1/4 th share each.
(3.) Defendants, in their written statement (Annexure P-2), admitted that both the plaintiffs, their father and defendant no.1 had purchased the suit property in equal shares.;