KHUTHEJABI Vs. FAYAZ KHAN

JUDGEMENT

(1.) The petitioner is before this Court under Articles 227 of the Constitution of India assailing the order dated 25.09.2014 in O.S.No.201/2010 on the file of Principal Civil Judge 85 J MFC, Ramanagar.

(2.) The petitioner is plaintiff and respondents are defendants in O.S.No.201/2010 filed for permanent injunction restraining the defendants from trespassing into the suit schedule property. The defendants appeared and filed their written statement contending that they are in possession of the suit schedule property and plaintiff is not in possession of the suit schedule property. They further contended that they are in possession of the suit schedule property by Virtue of an agreement dated 17.12.1985 executed by one Mohammed Mustaffa. When the suit was at the stage of evidence of defendant No.2; plaintiff filed an application under Order VI Rule 17 of Civil Procedure Code to amend the plaint to include the prayer for declaration to declare that the plaintiff is the owner of the suit schedule property stating that the defendants are claiming their right through the agreements only and by colluding with the Panchayath officials they have changed the khatha into their names. Application for amendment was opposed by the defendants by filing objections contending that the application is belated and amendment is not permissible at the stage after the commencement of trial. The trial Court by impugned order rejected I.A.No.22 filed under Order VI Rule 17 of Civil Procedure Code on the ground that the plaintiff has not assigned any reason as regards delay in filing the application and moreover, it is held that the proposed amendment is not necessary for the adjudication of lis between the parties. The plaintiff being aggrieved by the said rejection of the amendment application is before this Court.

(3.) Heard the learned counsel on both the sides and perused the petition papers.