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.) IN the written statement, the defendant had taken the stand that on the southern side, i.e., the side on which alleged doors, windows, etc., were opening, there was a passage leading to the main road through a gate and it was not a plot of land of the plaintiff. The doors, windows and ventilators of the defendant were opening towards the passage as per plan sanctioned by municipal committee in the year 1954. Similarly, about chabutra, it was stated that the construction existed since long and no unauthorized construction had been made on the public land by the defendant.