Civil Revision No. 2330 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh Civil Revision No. 2330 of 2010 (O&M) Date of decision : 7.4.2010 Amrik Singh and another ..... Petitioners vs Smt. Nirmal Kaur and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Ms. Rakhi Sharma, Advocate, for the petitioners. Rajesh Bindal J. In the present petition, the challenge is to the order dated 10.2.2010 passed by the learned court below, whereby the application filed by the petitioners-defendants for amendment of the written statement was dismissed. Briefly the facts of the case are that respondent no. 1-/plaintiff filed suit for joint possession of land mentioned in the suit. It is the estate of Jarnail Singh, grand-father of respondent no. 1/plaintiff which is in dispute. The suit was filed in the year 2003. Written statement was filed by the petitioners way back in the year 2005. In the amended written statement, the plea sought to be raised is that in fact Jarnail Singh had bequeathed the property in question in favour of the petitioners by way of a will. Learned counsel for the petitioners submitted that the will executed by Jarnail Singh came to the knowledge of the petitioners very recently though he expired long back. As the same will corroborate the case set up by the petitioners and it would be in the interest of justice if they are allowed to incorporate the plea regarding the same in the written statement by permitting them to amend the same. After hearing learned counsel for the petitioner, I do not find any merit in the submissions made. The claim made by the respondent-plaintiff in the suit is only regarding joint possession of the property, claiming share in the ancestral property. The issue in the present case is as to whether the property in Civil Revision No. 2330 of 2010 -2- question is ancestral or not. The execution of Will or non-execution of Will by Jarnail Singh will not be relevant at all for the purpose of decision of issues raised in the suit. In my opinion, the court below did not commit any error in dismissing the application filed by the petitioners for amendment of the written statement at the belated stage. For the reasons mentioned above, the present petition is dismissed. 7.4.2010 ( Rajesh Bindal) vs. Judge