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Judgment
Rajiv Sharma, J.—Defendants-applications No. 1 to 6, 8 to 10 and 24 (hereinafter referred to as ''applicants'' for convenience sake) have preferred this application seeking permission to amend the written statement on their behalf. Plaintiffs-non-applicants (hereinafter referred to as ''non-applicants'' for convenience sake) have filed detailed reply to the same.
Non-applicants have filed a suit for partition of the estate of late Sh. Chaudhary Pratap Singh and also for declaration to the effect that the sale deeds effected by applicants No. 1 to 12 were void and not binding on the Plaintiffs and for rendition of accounts. Issues were framed by this Court on 14.7.2010. This application has been filed on 29.12.2010. Applicants have sought addition of the following words after the word Akhilesh Jung in para No. 13 of the written statement:
of the property at village Haripur Khol and Village Ganguwala in equal shares and the property at village Satiwala has been given to Sh. Kehar Singh, S/o. Sh. Phool Singh by virtue of will dated 20.10.1996 of late Sh. Sher Jung.
According to the applicants inadvertently and erroneously, applicants could not mention the name of Kehar Singh as one of the beneficiaries of will dated 20.10.1996. The will dated 20.10.1996 is disputed by the non-applicants. According to the non-applicants, Sh. Sher Jung has also executed will dated 4.10.1993 and the same was registered on 24.11.1993. The suit was filed on 15.1.2002.
The fact of the matter is that Kehar Singh has not set up any claim on the basis of will dated 20.10.1996. Sh. Sher Jung has died on 15.12.1996. Applicants have failed to establish their locus standi to represent the interest of Kehar Singh. Application, seeking amendment of the written statement preferred by the applicants, is belated.
Accordingly in view of the observations and discussions made hereinabove, there is no merit in the application and the same is dismissed. No costs.