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Tulsi Devi (Smt.) th. LR’s. vs. Laddu Gopal Tanwar & Ors.

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Code of Civil Procedure, 1908–Order 6, Rule 16–Prayer for striking out the pleadings in written statement–Dismissal of–Proceedings in regard to grant of probate–Earlier, the petitioner-plaintiff was allowed to replace the word probate by ‘letter of administration’–He also amended the prayer of suit–Observation of trial Court that the nature of suit has been changed, therefore, the defendants were justified in filing the amended reply–Further, the plaintiff-petitioner nowhere stated that the amended pleadings are unnecessary, scandalous, frivolous or vexatious–Held, no case is made out for interference.