IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CR No.7531 of 2009 (O&M) Date of decision : 17.12.2009 Hari Bhagwan Passi … Petitioner Versus Ramesh Kumar and others …Respondents CORAM : HON’BLE MRS.JUSTICE SABINA Present: Mr.A.K.Kalsy, Advocate for the petitioner. Sabina, J. The plaintiff--Hari Bhagwan Passi filed a suit for separate possession. During the pendency of the suit, defendants moved an application for permission to amend the written statement vide impugned order. The said application was allowed. Hence, the present revision petition. After hearing learned counsel for the petitioner, I am of the opinion that the instant petition is devoid of any merit and deserves dismissal. The defendants by way of amendment of the written statement want to place reliance on registered Will dated 1.8.1958 executed by Mohan Lal Passi in favour of Bal Krishan @ Ramesh Kumar, Sham Sunder, Bihari Lal and Om Parkash @ Ashish Kumar. Although in the present case, the trial has commenced and the case is fixed for plaintiff’s evidence, yet in the interest of justice, the learned trial Court rightly held that amendment sought by the defendants in the written statement was liable to be allowed. The Will now sought to be relied upon by the defendants is a registered Will. Hence, prima facie, it cannot be said that the Will might have been forged at a later CR No.7531 of 2009 (O&M) stage. Whether the Will was dully executed or not by the executant would be established during the trial after the parties lead their evidence with regard to their respective pleas. The defendants have taken a plea that the Will was not traceable earlier and now has been traced by the defendants. In view of the facts and circumstances of the present case, no ground for interference by this Court in the present case is made out. Dismissed. [ SABINA ] JUDGE 17.12.2009 sd 2