SONA RANI Vs. RAM RATTAN SINGH NAMDHARI

JUDGEMENT

(1.) By this petition, the petitioner has assailed an order dated 24th July, 2009 passed by the Civil Judge dismissing an application of the petitioner (defendant before the trial court) under Order VI Rule 17 CPC.

(2.) The defendant made an application under Order VI Rule 17 CPC in a suit filed by the plaintiff for injunction (which was at the stage of final arguments and was pending for the last 35 years) on the ground that the defendant during pendency of the suit had come to know subsequently that the plaintiff was not the owner of the adjoining plot and the structure on the plot of the plaintiff was demolished by the local authorities on the ground that it was an encroachment on the public land. The petitioner/defendant wanted to amend the written statement to bring this fact on record.

(3.) The suit was filed by the plaintiff against the petitioner/defendant seeking a mandatory injunction against the defendant that defendant should remove doors, windows and ventilators opening towards the plaintiff's property along wall A-A. The plaintiff also wanted mandatory injunction that the defendant should demolish the platform made on the pavement shown on the site plan as area X B C & D and should restore the area to original shape.