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High Court of Punjab and HaryanaCR/3327/2016dismissed

Paramjit Kaur And ANR. v. Sandeep Singh And ORS.

2016-05-10Mr. Justice Harbans Singh Rai2 pages

C.R. No.3327 of 2016 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.3327 of 2016 Date of Decision.10.05.2016 Paramjit Kaur alias Karamjit Kaur and another .....Petitioners Vs.

Sandeep Singh and another ........Respondents

Present:

Mr. Deepak Aggarwal, Advocate for the petitioners.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

An application for amendment was brought by the defendant to deny 1st plaintiff's status as widow of Baldev Singh and 2nd plaintiff's status as daughter of Baldev Singh by reference to an earlier court record that depicted the 2nd plaintiff to be the daughter of the 1st plaintiff through her husband Major Singh and that her own relationship with Kishan Lal as a wife was not terminated so long as he was alive till 7.12.2005. The defendant has, therefore, sought for amendment to the pleading denying plaintiff's status. The objection is that the plaintiffs' status as the wife and daughter of Baldev Singh has been previously admitted. If an admission had been made, the principle that a person will not withdraw from admission must be understood in the context whether any statement on the basis of which the plaintiff acted on that could operate as an estoppel against the plaintiffs. The plaintiff cannot alter her status to her own benefit if the truth was otherwise that she PANKAJ KUMAR 2016.05.12 14:38 I attest to the accuracy and integrity of this document

C.R. No.3327 of 2016 -2had been married to yet another person by name Kishan Lal and that marriage was not dissolved till his death in the year 2005. The matter would require to be considered in the light of the subsequent events which are taken as the basis for amendment and if the Court has allowed the same, there is no scope for interference. 2.

The revision petition is dismissed.

(K. KANNAN) JUDGE May 10, 2016 Pankaj* PANKAJ KUMAR 2016.05.12 14:38 I attest to the accuracy and integrity of this document