LAWS(SC)-2008-1-85

USHA DEVI Vs. RIJWAN AHAMD

Decided On January 17, 2008
USHA DEVI Appellant
V/S
Rijwan Ahamd And Ors Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dated July 13, 2006, passed by the High Court in W.P.(C) No.2325 of 2006. It is a brief and non-speaking order by which the High Court dismissed the writ petition and affirmed the order passed by the trial court which, in turn, had rejected the appellant"s petition under Order 6, Rule 17 of the Code of Civil Procedure ("CPC" for short) for amendment of the suit property as described in the Schedule to the plaint.

(3.) The material facts are brief and simple. In the year 2002, the appellant filed a suit, inter alia, seeking permanent injunction restraining the respondents-defendants from interfering with her rights over the suit property and further directing them not to build or demolish the building already existing on the suit land. In the Schedule to the plaint, the description of the suit premises was given as follows :