PRABHA DEVI Vs. SUDHA AGRAWAL
LAWS(JHAR)-2010-3-80
HIGH COURT OF JHARKHAND
Decided on March 16,2010

PRABHA DEVI Appellant
VERSUS
Sudha Agrawal Respondents

JUDGEMENT

D.G.R.PATNAIK,J. - (1.) HEARD counsel for the parties.
(2.) THE petitioner in this writ application has prayed for quashing the order dated 11.07.2005 (Annexure -5) passed by the Sub -ordinate Judge -2, Lohardagga in Partition Suit No. 8/2000 whereby learned court below has rejected the prayer of the petitioner for allowing her to amend her written statement under Order 6 Rule 17 of the C.P.C.
(3.) THE facts of the case stated briefly is that the respondent No. 1 Smt. Sudha Agrawal had filed a Partition Suit before the court below impleading the present petitioner as defendant No. 6, claiming partition of the joint family properties and for carving out her share in the suit properties. The petitioner/defendant No. 6 had appeared in the suit and had filed a written statement on 17.07.2003. More than one year and three months later, the petitioner filed an application on 04.10.2004 praying to the court below for allowing her to amend her written statement for the purpose of introducing certain facts which, according to her, were omitted by the plaintiff in the suit properties and which are essential for the just decision of the dispute arising in the suit. The trial court rejected the prayer by its order impugned.;


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