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When defendant and his wife were later divorcing in 2019, the annuity came to light, and the wife informed plaintiff that she had seen a check that appeared to have been endorsed by someone else on her behalf. Based on the evidence, the Court affirmed the ruling that plaintiff “possessed a one-half ownership interest in the annuity funds.”.
It was observed in the case that purpose of Courts is to determine the parties’ rights, not to condemn them for mistakes in conduct and diligence made while framing the pleading. [5]. Smith the importance of amending pleadings in conducting a fair trial was realised. 6] Order VI Rule 17. [6] Order VI Rule 17. The reason was stated as.
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