IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** C.R. No.3338 of 2010 (O&M) Date of Decision:25.11.2010 Monika Bhalla and another .....Petitioners Vs. Saroj and others .....Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present:- Mr. D.K. Bhatti, Advocate for the petitioners. Ms. Amandeep Soni, Advocate for respondent No.1. **** RAKESH KUMAR GARG, J. C.M. No.30194-C of 2010 C.M is allowed subject to just exceptions. C.R. No.3338 of 2010 This is defendants' revision petition challenging the impugned order dated 30.4.2010 whereby application filed by the petitioners for amendment in the written statement to take up the plea of execution of Will dated 23.7.2004 in favour of petitioners has been declined. It is not in dispute that the dispute between the parties relates to the property originally owned by one Sohan Devi, who expired on 25.5.1988 leaving behind Ramesh Kumar (predecessor-in-interest of the petitioners) Saroj Rani – (plaintiff- respondent) & Kasum Chopra (predecessor-in-interest of respondents No.2 and 3) to the extent of 1/3rd share each. Ramesh Kumar Puri also expired on 25.12.2005 leaving behind C.R. No.3338 of 2010 (O&M) -2- the defendants No.1 and 2 as his legal heirs who have inherited his share in the suit property. In the written statement filed on behalf of the petitioners, it was alleged that property in dispute was originally owned by Sohan Devi who died intestate and, thereafter, in the year 1994, an oral family settlement was effected in the presence of respectables and according to that settlement, the whole of the suit property has come to the share of Ramesh Kumar- (predecessor-in-interest of the petitioners). From the aforesaid facts, which are not in dispute, it is crystal clear that Will dated 23.7.2004 allegedly executed by aforesaid Ramesh Kumar in favour of the petitioners, the plea with regard to which is sought to be raised in amendment application, has no relevancy or effect on the real issue involved in the suit. In this view of the matter, I find no merit in the present revision petition. Dismissed. November 25, 2010 ( RAKESH KUMAR GARG ) renu JUDGE